Does divorce take effect with a deferred exception and intention after the occurrence of the suspended condition, given the wife's knowledge of the suspension but not the exception?
The adopted by us is that a conditional divorce occurs upon the fulfillment of the condition, whether the husband intended divorce, emphasis, or threat. Some scholars, such as Ibn Taymiyyah, are of the view that an oath of divorce intended for emphasis does not result in divorce if the oath is broken, and the one who swore the oath is liable for an expiation for an oath (kaffarat ). The mainstream scholars stipulate that for an exception to an oath to be valid, it must be uttered immediately. Therefore, if the one swearing the oath did not intend the exception at the time of swearing, and then it occurred to him later after the oath was complete, it will not benefit him. Since the wife descended before the man finished drinking, and she was aware that the divorce was conditional on her descent, the fatwa adopted by us is that she is divorced with one revocable divorce.
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