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The question

What is the ruling if a husband says to his wife, "By Allah the Almighty, you will be divorced if you go to your work," and then he allows her to return to work, knowing that he was extremely angry at the moment he said this?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The wording: "You are divorced" is a conditional divorce (ta'liq al-) linked to your going out to work. So, if you go out to work, the divorce occurs, and the husband cannot retract his oath. This is the view of the majority of scholars. Sheikh Al-Islam Ibn Taymiyyah, however, holds that a conditional divorce does not take effect if it was intended as a threat, and it can be dissolved by an expiation for an oath (kaffarat yameen). He also believes that the husband can retract the condition if he intended the divorce to occur upon the wife's going out to work. It is advisable to present the matter to a court or to trusted scholars.

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Ftawy
Original fatwa ID
130515
Imported
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