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The question

What is the ruling regarding someone who said to his wife, "If you do not leave your room within one minute, then you are divorced," and she left after three minutes?

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

A suspended divorce occurs, according to the majority of scholars, upon the fulfillment of the condition it was suspended upon. If a husband suspends his wife's divorce on her not leaving within one minute, and she leaves after three minutes, the divorce occurs according to the majority of scholars. However, if his intention was to urge her to hurry and he did not literally mean one minute, then he is not in breach of his oath, because an oath is based on the intention of the swearer. If he had no specific intention and there was no prevailing custom, then the breach of the oath occurs, and this is the preferred opinion of the majority. Sheikh al-Islam, however, said that he owes expiation for a broken oath if he did not intend a divorce. If the divorce occurs, he can take her back before the end of her waiting period (iddah), provided it is not the third divorce. Her iddah ends upon purification from the third menstrual cycle, or childbirth, or the passing of three months for a woman who does not menstruate.

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Ftawy
Original fatwa ID
112842
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