Does divorce take effect if the husband takes my family or brings them, knowing that he swore an oath of divorce to that effect in a state of anger, and he explained his intention was to mean only that specific day?
The husband's statement: "I divorce my wife if I take my family or bring them [to my home]" is a conditional divorce. If he intended the divorce to occur upon the fulfillment of the condition, then the divorce takes effect according to the consensus of jurists. However, if he intended only a threat and did not intend divorce, then no divorce occurs, and he is obligated to offer an expiation for an oath (kaffarat ).
If the husband states that he did not intend divorce, then nothing takes effect, whether he took them on the same day or later. If he intended to effect the divorce and meant only that specific day, then there is nothing binding on him if he took them thereafter. We advise staying away from words of divorce due to the potential family disintegration that may result from them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 12041
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy