Does a divorce occur with the husband's statement, "If you do not leave with me and exit through this door and return with me to the house, then the matter is effective," if the wife returns with him the following day?
The husband's statement to his wife, "Then the matter is final," is not an explicit pronouncement of divorce. Rather, it is an ambiguous expression (kinayah) that could imply divorce and depends on the husband's intention.
If the husband intended divorce with his statement "Then the matter is final," conditioned on the wife not leaving with him, then there are two scenarios: 1. If he intended urging and threatening and did not intend divorce, then the failure of the condition necessitates expiation for breaking an oath (kaffarat ). 2. If he intended divorce, then the failure of the condition results in one divorce ().
The husband's intention is important in three matters: 1. What is meant by "Then the matter is final." 2. The intention behind conditioning the divorce (a threat or a divorce). 3. Determining the time of the stipulated departure (immediately, tonight, or even tomorrow).
This phrasing does not imply repetition, and nothing results from it if the departure does not occur on subsequent occasions.
The husband is advised to restrain his tongue from uttering divorce, and the wife is advised to postpone discussions with her husband when he is angry.
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