Is a wife considered divorced if she leaves for work after her husband told her that their relationship would end if she did so, and then he agreed to her working, and is expiation for an oath incumbent upon the husband?
If the husband did not intend divorce by saying, "Their relationship has ended," then no divorce occurs when the wife goes out to work, and no expiation is required of him. However, if he did intend divorce with this phrase, then the [legal opinion] we follow is that divorce occurs upon her going out to work, whether he gave her permission or not. Some scholars hold that the husband has the right to retract this condition, so if he permits her to work, he is not bound by divorce. The jurisprudential school of thought considers a divorce conditional upon a stipulation to be binding and not permissible to invalidate. However, some scholars deem it permissible to annul an emancipation conditional upon a stipulation, and some believe that the condition is not binding from the husband's perspective.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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