What is the ruling of the Shari'ah regarding a husband's statement to his wife, "If you go out, you will be divorced," given his prior knowledge of her need to go out? And does the divorce occur if his intention was to scare her and not to divorce her?
The husband's statement: "Everything is over between us, and each of us should go their own way," and similar phrases, are كنايات طلاق (allusive divorce statements) by which divorce does not occur unless intended. And the intention was not present here. As for his statement: "If you go out again, you will be divorced," this is not a conditional statement but a promise of divorce that does not entail anything. Even if it were a conditional statement, divorce would not occur by going out with the husband's permission, because his intention was not for her to go out مطلقاً (absolutely), but rather to go out without his permission. Based on this, the wife is still under her husband's marital bond.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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