Does a divorce occur if the husband says to his wife during an argument, "If you do such and such, you are divorced," and then the wife does that later and swears that she does not remember this condition?
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 the view of Ibn Taymiyyah, who holds that it does not take effect if the intention was to threaten, prevent, or encourage, and that only an expiation for a broken oath (kaffarat ) is required. If the wife does what the divorce was conditioned upon, then the divorce takes effect. However, if she does it out of forgetfulness or ignorance of the divorce being conditional, scholars have differed on whether the divorce takes effect in this case, and some verifying scholars have favored the view that it does not take effect. It is preferable to refer the matter to the court, as a judge's ruling resolves disagreement.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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