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The question

Does divorce occur if the husband says to his wife: "If you leave the house without my permission, what was between us will end," and then she leaves, given that the husband does not recall his intention? And is a conditional divorce permanent, and how can one be rid of it?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

First: The husband's statement to his wife, "If you leave the house without my permission, what was between us will end," is one of the allusive phrases of divorce. Divorce does not occur by it unless the husband intends it. If the husband forgets his intention or is ignorant of it, divorce does not occur.

Second: If a man conditions his wife's divorce on an action, and the wife performs this action out of forgetfulness, divorce does not occur, according to the preponderant opinion. It is not a condition for the wife to hear the conditioned divorce. So, if the husband intended divorce with his words and the wife left forgetting his words, divorce does not occur. However, if she left despite knowing his words, it does occur.

Third: A conditioned divorce cannot be undone if the husband intended divorce. So, if the wife performs the action on which the divorce was conditioned, divorce occurs. However, if the husband intended by his words encouragement or prevention and did not intend divorce, then it falls under the ruling of an oath and can be retracted through expiation.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
10105
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy