Does a husband's threefold divorce of his wife take effect if she left the house with her father, and then the husband retracted his oath, knowing that he was angry and under the influence of drugs?
The most authoritative opinion is that the divorce of an intoxicated or enraged person does not take effect if they are unaware of what they are saying, but it is not likely that the husband reached this state. The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition, and this is the most authoritative opinion. So, if the husband swore by triple divorce that you should not go out with your father, and you did go out, then the divorce has occurred according to the majority, including the four madhhabs, and you become unlawful for him until you marry another husband out of desire, and he divorces you after consummation. Sheikh Al-Islam Ibn Taymiyyah held that an expiation for breaking an oath is required if the husband did not intend divorce, and if he did intend it, he can retract the conditional divorce before she goes out. It must be noted that it is not permissible for the wife to leave her husband's house without his permission, and obedience to him takes precedence over obedience to her father.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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