Does divorce occur by the words "If you do not shut up and close your mouth, then you are divorced" if the wife continues to speak after hearing the pronouncement?
The majority of scholars hold that if a husband makes his wife's divorce contingent on a condition, the divorce takes place when the condition is met, regardless of whether he intended to effect a divorce or merely intended a threat, emphasis, or prohibition. This is the adopted . Some scholars, like Ibn Taymiyyah, are of the view that if the husband did not intend to effect a divorce, but rather intended a threat, emphasis, or prohibition, then divorce does not occur; instead, he is liable for an expiation for a broken oath (kaffarat ).
Therefore, the adopted fatwa with us is that divorce occurs if the wife violates the condition upon which the divorce was contingent. If this divorce does not complete three divorces, she can be taken back before the expiry of her ' (waiting period).
However, if you intended by your oath only to prevent her from speaking at that specific moment, and there was no violation, then neither divorce occurs nor is an expiation for a broken oath required, because intention in an oath particularizes the general and restricts the absolute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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