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The question

Does divorce take effect when the husband says to his wife: "No going out and no coming in, and even if you go to Damanhur, you are divorced," with the intention of threatening her and fearing for her due to her late return, knowing that he had warned her more than once about not being late?

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

Most scholars are of the view that a wife is divorced upon the fulfillment of the condition if the husband made her divorce conditional upon it, whether he intended to effect the divorce or merely to threaten or prevent.

However, Sheikh Al-Islam Ibn Taymiyyah holds the view that divorce does not occur if the husband did not intend to effect it, but rather intended to threaten or prevent, and he is then obliged to offer an expiation for a broken oath (kaffarat yamin).

The specification of what the divorce is conditioned upon refers to the husband's intention. If you intended to prevent her from going out to specific places or at certain times, then she does not break the condition by going out at other times or to other places.

If your wife went out in the manner you intended, her divorce occurs. If you had not consummated the marriage with her or been in seclusion with her, then her divorce is irrevocable (ba'in), and there is no return except with a new marriage contract. According to Ibn Taymiyyah's view, the divorce does not occur, and you are obliged to offer an expiation for a broken oath.

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Ftawy
Original fatwa ID
133537
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