Does divorce occur if I swore to my wife, "If you go out, you are divorced," and I forbade her from giving her mobile phone to her sister, but she went out to the hospital, then went to her family's house and gave her mobile phone to her sister, knowing that I did not intend divorce?
Suspended divorce (talaq mu'allaq) occurs, according to the majority of scholars, and this is the stronger opinion, if the condition upon which it was suspended is met, even if the intention was merely to threaten, contrary to Ibn Taymiyyah's view. So, if a man suspends his wife's divorce upon her leaving the house, then by her leaving, the divorce occurs. The same applies if he intended her leaving her parents' house. If this was the first or second pronouncement of divorce, he can take her back as long as she is within her waiting period ('iddah) by saying: "I take my wife back," without needing to travel. However, if it was the third pronouncement, she becomes unlawful for him until she marries another man in a marriage of desire and he divorces her after consummating the marriage. The husband is advised to avoid hastiness in uttering divorce pronouncements and to control his anger.
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