Does a divorce occur if a husband says to his wife: "You will be divorced if you do such and such," and she then proceeds to do the said action, bearing in mind that this is the first time?
The we adopt is that the divorce has occurred due to your action upon which your husband conditioned your divorce, whether he intended to enact the divorce or intended emphasis and the like. This is the view of the majority of scholars. Since this is the first divorce, your husband can take you back before the expiration of the waiting period () without a new marriage contract.
Some scholars, such as Sheikh al-Islam Ibn Taymiyyah, are of the view that a conditional divorce (ta'liq al-) where the intention is not to enact divorce but rather to emphasize or threaten, takes the ruling of an oath (yameen). If the condition is violated, then an expiation for an oath (kaffarat yameen) is required, and the divorce does not occur.
We advise your husband to present the matter to trustworthy scholars in his country to act upon their ruling.
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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