What is the ruling of Sharia regarding the occurrence of conditional divorce if the wife proceeds to do the action upon which the divorce was conditioned, given that the husband did not actually intend to effect the divorce, but rather sought to deter and frighten her? And does the husband fall into doubt if he adopts the preponderant opinion of some verifiers that conditional divorce does not occur if the wife performs the action out of forgetfulness?
Divorce does not occur with such whisperings (), and the cure for whisperings is to ignore them. One must be wary of indulging in whisperings, excessive questioning, elaborations, and hypothetical scenarios related to divorce, as this opens the door to whisperings and confuses the mind. Furthermore, excessive meticulousness in questioning is blameworthy in Islamic law. The Messenger of Allah, peace and blessings be upon him, said: "Leave me as I leave you, for verily, those who were before you were destroyed by their excessive questioning and their differing with their prophets. So, when I command you to do something, do of it as much as you can, and when I forbid you from something, then abandon it."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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