Back to search
The question

Does the conditional divorce take effect if the husband stipulated to his wife that she would divorce herself if she spoke about her past, and then she spoke about some of it, and he claimed that he only intended part of it, knowing that they have not yet consummated the marriage?

Share this answer

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

If a husband conditions a divorce upon a specific condition, and this condition is not met, then the divorce does not occur. If the wording is general and the husband intended a specific meaning, his statement is accepted, as intention specifies the general. The husband cannot retract the suspension of divorce on a condition; if the condition is met, the divorce takes place. If the wife mentions something from her past that the husband intended, then the divorce occurs and is repeated with the phrase "every time," unless it was before consummation, in which case it is a single divorce. Sheikh Al-Islam Ibn Taymiyyah holds that a conditional divorce takes effect if the husband intended to cause it, but if he intended it as a deterrent, then its ruling is that of an oath, and an expiation for an oath is due.

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
191093
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy