Back to search
The question

Is there a way to annul the divorce vow (yamin al-talaq) uttered by the husband to his wife: "You are divorced if you visit so-and-so," especially since he clarified to her that he intended it as a divorce of separation and not a divorce of threat, while his original intention was to threaten and prevent?

Share this answer

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

There is no difference, according to the majority of scholars, between intending a threat and intending a divorce in a conditional divorce. However, Ibn Taymiyyah and those who agreed with him differentiated between the two. If the wife visits the woman who was the subject of the condition, a divorce occurs according to the majority. Whereas Ibn Taymiyyah holds that the speaker must offer an expiation for an oath (kaffarat ) if he intended a threat, and if he intended a divorce, then he is bound by it unless he retracts his condition. The expiation for an oath is feeding ten needy persons, or clothing them, or emancipating a slave; and if one is unable, then fasting for three days. In the event of a divorce, the wife can be taken back before the expiry of her ' (waiting period), provided that this divorce does not complete the three divorces.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
107114
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy