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The question

If a husband says to his wife, whose marriage contract has been written: "If you tell me you will go somewhere again, consider yourself divorced," is this considered an oath of divorce, and is it considered a divorce if the wife says that?

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

Your husband's statement: "Be prepared, if you tell me I will go to a place again, consider yourself divorced" is a conditional divorce, and the majority of jurists believe that it occurs when the condition is met. Some scholars – and this is the more preponderant view – have differentiated based on the speaker's intention. If he intended what is meant by an oath (encouragement, prevention, affirmation, or denial), then its ruling is that of an oath, and no divorce occurs, but an expiation for breaking an oath is required if he violates it. If he intended the divorce to occur, then the wife is divorced upon the fulfillment of the condition. Based on this view, if the husband's intention was to effect a divorce when you asked to go or actually went, then a revocable divorce ( bain) has occurred before consummation, and you are not permissible for him except with a new contract. However, if he did not intend divorce, but rather intended prevention, then its ruling is that of an oath, and if he violates it, an expiation for breaking an oath is required.

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Ftawy
Original fatwa ID
9773
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