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Does a conditional divorce take effect if the husband says, "If you install such-and-such a program, or speak with any man in a way that displeases Allah, or for no necessity, whether intentionally or unintentionally, then you are unlawfully divorced," and a female relative of the wife communicates with a man on her behalf to avoid falling into the condition of divorce?

1 min readAlso available in العربية

The fatwa we adopt is that whoever makes the divorce of his wife conditional on a condition cannot retract it, and if the condition is met, the divorce takes place; whether he intended to effect the divorce, or merely intended to threaten, confirm, or prevent. This is the view of the majority of scholars. Shaykh al-Islam Ibn Taymiyyah holds that whoever intended to effect the divorce may retract it, but if he did not intend to effect it, and merely intended to threaten, confirm, or prevent, then the divorce does not occur, but he is obliged to offer an expiation for an oath.

The preponderant view for us is that the husband's description of the divorce as "haram" (prohibitive) is not considered, but a single revocable divorce occurs if he breaks his oath. The criterion in oaths is the intention and purpose of the swearer. Since the husband clarified that his intention was to prevent his wife from speaking with men in matters not pleasing to Allah or without need, then she has not broken her oath by asking the woman to request the man not to message her. As long as she has not done anything that her husband forbade her from by his oath, then there is no breach of oath on his part, and no divorce occurs for her. One should not pay attention to whispers (waswas) and should turn away from them.

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

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