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The question

Does divorce occur if a husband stipulates that his wife not spend the night outside the marital home after 12:0 AM, except in two cases (his death or an oath of divorce), and then the wife stays at her family's home after 12:0 AM due to an emergency, not knowing that what the husband meant by "spending the night" was staying after that time?

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

A man's statement to his wife, "And the second, you know it," is neither an explicit divorce pronouncement (sarih) nor an implicit one (kinayah). No ruling of a divorce oath ( al-) is incurred by his mere intention without uttering the words. Therefore, no divorce occurred when the wife stayed at her family's home.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
136849
Imported
Translation status
Source text, unreviewed
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