Back to search
The question

Does a divorce count if a man conditions his wife’s divorce on her conversing with her male colleagues, then he excludes a specific day from this condition, but she converses with them on another day after that?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Most scholars believe that divorce occurs if a husband conditions his wife's divorce upon a condition and that condition is met, regardless of whether he intended to effect the divorce or merely to threaten or prevent something. Some scholars, like Ibn Taymiyyah, are of the view that divorce does not occur if the husband did not intend to effect it, and he is then obliged to offer expiation for a broken oath. The condition for an exception to an oath is that it must be made immediately. Therefore, the divorce occurred when your wife called her colleagues on the day of the party, but it does not recur with the repetition of the act unless a صيغة (wording) implying repetition, such as "كلما" (every time/whenever), was used. If this pronouncement of divorce does not complete the three pronouncements, you may take your wife back before her waiting period (iddah) expires. The wife must avoid speaking to men without necessity.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
140160
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy