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The question

Does a conditional divorce take effect if the husband forgets his intention at the time of swearing, given that the wife did not understand the meaning of the conditional oath of divorce?

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

The majority of scholars hold that a conditional divorce ( mu'allaq) takes effect when the condition is met, regardless of whether the husband intended divorce or merely a threat. This differs from Ibn Taymiyyah, who does not consider it to take effect if the intention was a threat, prevention, or encouragement, and in such cases, an expiation for an oath (kaffarat ) suffices. If trustworthy scholars have issued a to the woman that the divorce did not occur and that her husband owes an expiation, then there is no harm in her acting upon their fatwa. The general principle is that the husband's statement is given precedence in matters of divorce, and if there is doubt about the occurrence of divorce, the default is that it has not occurred.

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Ftawy
Original fatwa ID
126705
Imported
Translation status
Source text, unreviewed
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