Back to search

What is the Shar’i ruling on the occurrence of a conditional divorce, contingent upon the wife leaving the house without the husband’s permission, if the wife left after her return to the house without new permission from the husband, knowing that the husband had initially given her permission to leave, and the incident occurred during a period of purity in which he had intercourse with her? And does the condition become null thereby, even if the husband takes her back during her 'iddah?

1 min readAlso available in العربية

Divorce does not occur if the wife leaves the house to meet her friend, interpreting that she had prior permission, because an action sworn upon with such an interpretation does not constitute a breach of oath. Sheikh al-Islam Ibn Taymiyyah and Ibn al-Qayyim preferred the view that divorce does not occur in this situation, and that one who interprets is more deserving of not breaching an oath than one who is ignorant or forgetful. The Permanent Committee for Issuing Fatwas cited as evidence for the absence of a breach of oath due to forgetfulness Allah's saying: (And there is no blame upon you for that in which you have erred, but [only for] what your hearts intended), and the saying of the Prophet, peace be upon him: "Indeed, Allah has forgiven my nation for mistakes, forgetfulness, and what they are coerced into."

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy