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The question

Is the statement of a husband to his wife: "If you speak with him again, the end of our relationship will be divorce," considered a divorce if what was reported about the other party going to a sorcerer to perform magic on his wife to keep the relationship going is true, and how can she be helped to overcome the magic?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

It is not permissible for a woman to speak with a man who is a stranger to her, and a man should not speak with a married woman except with her husband's permission, due to the Prophet's prohibition against speaking with women unless with the permission of their husbands. If the husband forbids her from speaking with men and she disobeys him, then she is considered rebellious (nashiz).

The husband's statement, "If you speak to this man again, it will be the end of our relationship," has two possibilities: 1. As a veiled reference to divorce (Kinaya Talak): Divorce does not occur by this unless there is the intention for divorce. 2. As a conditional divorce (Talak Mu'allaq): Scholars differ on this; some rule that divorce occurs upon the fulfillment of the condition, while others rule that it does not occur unless the husband intended to bring about the divorce. If he intended it as a threat or a prevention, then divorce does not occur, and he is obligated to offer an expiation for breaking an oath (kaffarat ).

Accordingly, there are three possibilities for the husband's statement: 1. If he intended divorce: Divorce definitely occurs when the wife speaks to the man. 2. If he intended divorce but meant it as a threat, not actual severance: Divorce does not occur, and he is obligated to offer an expiation for breaking an oath. 3. If he did not intend divorce at all: Divorce does not occur, and he is obligated to offer an expiation for breaking an oath.

However, if the wife is enchanted (mas'hoorah) and the enchantment has taken away her will and choice, then divorce does not occur. This is because a person who is enchanted and has lost their will is not held accountable, based on the : "The pen has been lifted from three..." and "My Ummah has been forgiven for mistakes, forgetfulness, and what they are forced to do." So, if the degree of enchantment reaches the point of taking away one's will, she is not held accountable. This is in contrast to an enchanted person who has not lost their awareness, and a sane person acting out of free will, both of whom are accountable.

Jurists have stipulated that whoever acts upon that which an oath was sworn over, while being forgetful or coerced, does not break the oath. If a coerced person does not break the oath, then an enchanted person who has lost their will is even more deserving of not breaking it.

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Original fatwa ID
8785
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