Does the divorce that a husband conditioned on his wife, by saying: "If you give anyone a single penny of the expenses I send for you and my son, then you are divorced," take effect if the wife pays off part of her debts from these expenses, under the pretext that she understood the divorce to refer to her brothers and no one else? And does the divorce take effect from the date the wife became aware, or from the date of her action? Is it an irreversible divorce (minor or major)? And how can one be rid of a conditional divorce?
If the wife disposes of the money while believing that no divorce will occur, then the preponderant opinion is that no divorce takes place in this case, based on the statement of Shaykh al-Islam Ibn Taymiyyah that divorce does not occur, according to the stronger opinion, if the one upon whom the oath was made acts forgetfully or based on an interpretation. Conditional divorce occurs upon the fulfillment of the condition, even if the husband is unaware, and it is a revocable divorce as long as it is less than three pronouncements and after consummation. It becomes a minor irrevocable divorce upon the expiration of the iddah without resumption of marital relations, and it does not become a major irrevocable divorce until after the three pronouncements. The ruling that is given in fatwas is that it is not possible to retract a conditional divorce, but some scholars, such as Ibn Taymiyyah, permit retraction if the intention was to effect divorce; otherwise, an expiation for a broken oath (kaffarat yamin) is required if the intention was to threaten, emphasize, or prevent.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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