What is the ruling regarding a wife who became pregnant after her husband swore to divorce her if she became pregnant?
The majority of scholars hold that if a husband makes his wife’s divorce conditional on a certain event, he cannot retract it. If the condition is met, the wife is divorced, whether the husband intended to effect the divorce or merely to threaten, confirm, or prevent something. This is the we adhere to.
Some scholars, like Ibn Taymiyyah, are of the view that if the husband intended to effect the divorce when the conditional event occurs, he may retract the condition. However, if he did not intend to effect the divorce but only to threaten, confirm, or prevent something, then the divorce does not occur when the condition is met; instead, he is required to pay an expiation for breaking an oath (kaffarat ).
Accordingly, the fatwa we adhere to is that if your wife becomes pregnant, she is divorced. If you have not divorced her more than once before, you may reconcile with her before her waiting period () expires.
We also note that having children is a shared right of both spouses, and neither of them is permitted to prevent the other from it except for a valid excuse.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 133744
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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