Does divorce take effect if the husband says to his wife, "If you go to that place, then you are divorced," and then he permits her to go to that same place and she goes?
The majority of scholars hold that if a husband makes his wife's divorce conditional upon a certain event, he cannot retract it. If the condition is met, the wife is divorced, whether the husband intended to effect the divorce or merely to threaten, confirm, or prevent something. This is the we follow. Some scholars, like Ibn Taymiyyah, are of the opinion that if he intended to effect the divorce, he can retract it. But if he only intended to threaten, confirm, or prevent something, then no divorce occurs, and he is only liable for an expiation for breaking an oath (kaffarat ). Accordingly, the fatwa we follow is that the woman has been divorced by her husband. If this divorce does not complete the three divorces, he may take his wife back before her ' (waiting period) expires.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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