Back to search
The question

Does a divorce occur if a man says to his wife: "If you don't get up from in front of me, you are divorced, divorced," if his intention was to threaten and not to divorce?

Share this answer

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

The questioner conditioned his wife's divorce on her not getting up from in front of him. If she does not do what he conditioned her divorce upon, the divorce takes place according to the majority of scholars, even if he intended it as a threat, contrary to Ibn Taymiyyah who holds that the divorce does not occur, and the husband is liable for an expiation for breaking an oath (kaffarat yamin). As for the husband's saying to his wife, "You are divorced, divorced," if he intended one divorce or did not intend anything, one divorce occurs. If he intended the number, two divorces occur. Given the disagreement on the matter, it is advised to consult the Sharia court and to be keen on resolving marital problems away from words of divorce.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
152465
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy