Is the wife considered divorced if the husband stipulated her divorce upon her arrival at his workplace, and the wife was unaware of this condition at the moment of her arrival?
Anger that does not impair awareness does not affect the ruling of an oath. Most scholars hold that conditioning divorce upon a condition brings it into effect when the condition is met, whether the husband intended divorce, threat, or prevention. This is the . Some scholars, like Ibn Taymiyyah, are of the view that whoever did not intend to bring about divorce but rather a threat, must offer an expiation for an oath instead of the divorce taking place. The statement "you will be divorced" if it was a promise, then nothing is entailed from it. However, if it was intended to condition divorce, then it has occurred. If the wife was present, unaware of theering the conditioning, the relied-upon opinion is that the divorce does not occur. Therefore, the most preponderant view is that the divorce has not occurred as long as the wife was unaware of the conditioning of the divorce.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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