Does divorce occur by saying "You are divorced if you do such-and-such" followed by saying "If Allah wills" after it, and then the wife does what she was forbidden from?
Scholars have differed regarding the effectiveness of the exception "if Allah wills" (In sha Allah) in divorce. According to the view that it is valid, it is stipulated that it be connected to the oath, unless there is an unavoidable impediment. If the exception is not connected, then it is not effective. Consequently, the divorce takes place according to the majority. According to Sheikh Al-Islam Ibn Taymiyyah, an expiation for breaking an oath is required if he did not intend divorce. According to the view that the divorce takes place - and this is the more correct opinion - he may take his wife back before the completion of her waiting period (') if the divorce is not the third and final one.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 150311
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- . 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
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