Does divorce occur if the wife enters the room after the husband conditioned the divorce on her entry and then retracted that condition, knowing that he had previously divorced her twice during her menstrual period and then taken her back?
Divorce pronounced during menstruation is valid despite its prohibition. A conditional divorce takes effect upon the occurrence of the condition, whether the husband intended divorce or merely a threat. The determination of the condition depends on the husband's intention. So, if the husband intended to prevent his wife from entering the room without his permission, he would not violate his oath if she entered with his permission. The husband's statement is authoritative in this matter because he knows his own intention and aim best. If this is the second pronouncement of divorce, then, if it takes place, the husband may take his wife back as long as she is still within her waiting period (iddah).
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/131025
- Source platform
- Ftawy
- Original fatwa ID
- 131025
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy