Would my wife be divorced if I told her, "If you go out, you are divorced" as a threat, and she claimed she didn't hear me, then went out after I told her, "So, you want to be divorced"?
A man's statement to his wife, "If you go out, you are divorced," is considered a conditional divorce. The majority of jurists hold that divorce occurs when the condition is met, regardless of whether the husband intended divorce or merely a threat. This is the given.
However, if the wife violates the condition due to forgetfulness, coercion, or ignorance, the apparent view among the Shafi'is is that the divorce does not occur. This is the opinion chosen by Al-Nawawi.
In the case where the wife claims she did not hear the condition, it is apparent that her word should be accepted. Divorce does not occur if her action was due to forgetting the condition or being coerced into it. Her statement, "I did not know," should be accepted.
It is recommended to present the issue to a court to resolve the dispute, while cautioning against using divorce pronouncements in the future and emphasizing the importance of resolving problems with respect and understanding.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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