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The question

Does divorce occur if I call my family or answer their calls, as my husband stated, and how can I maintain ties of kinship?

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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 upon the fulfillment of the condition, and this is the most preponderant opinion. If the husband made the divorce conditional on his wife contacting her family, or on her responding to their call, then, according to the majority, there is no way to avoid the divorce except by the contact not occurring. If the contact does occur, the divorce becomes effective according to the majority, and the oath is dissolved. The husband may take his wife back before the ' (waiting period) is complete, provided this divorce does not complete the third divorce.

Shaykh al-Islam Ibn Taymiyyah stated that an expiation for an oath (kaffarat ) is required if the husband did not intend divorce. An exception to breaking the oath is if the husband intended a specific duration for the non-contact, or if the reason for which he swore the oath ceased to exist.

According to the majority of scholars, the husband cannot retract a conditional divorce. Ibn Taymiyyah held that retraction is permissible if the husband intended divorce and not merely an oath. In this case, the divorce does not occur if the contact takes place. The preponderant opinion is that of the majority.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
119358
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Source text, unreviewed
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