Does a divorce take effect with the husband's words: "You are forbidden to me," if the wife went out with a specific woman, then the wife reconciled with that woman, and thereafter the wife went out with her?
If a husband pronounces his wife to be unlawful [] contingent upon an action, the general rule is that the unlawfulness takes effect when the contingent action occurs. The interpretation of the wife's unlawfulness depends on the husband's intention, whether it was ẓihār (a pronouncement comparing the wife to an unmarriageable female relative), divorce, or an oath. However, if the issue that prompted the oath is resolved through reconciliation, then the husband does not break his oath. If the husband intended to prevent his wife from leaving absolutely, and she left forgetfully, there is a difference of opinion regarding whether the unlawfulness takes effect. One must be cautious about pronouncing unlawfulness or divorce during disputes.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 157701
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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