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The question

Is a divorce effected by saying, "If you leave the house, then you are divorced," and, "If you leave the house tonight, then you are divorced," if the wife has already left?

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

A contingent divorce takes effect upon the occurrence of the condition it was made contingent upon, even if it was intended as a threat, according to the majority of scholars. However, Sheikh al-Islam Ibn Taymiyyah holds that an expiation for breaking an oath (kaffarat yamin) is required if divorce was not intended. If the contingency was restricted with the phrase "tonight," and this intention was present in the first utterance and you wished to clarify it in the second utterance, then it is valid. However, if you intended to retract, then it is not possible to retract a contingent divorce. Repeating the contingency thereafter refers back to the intention of affirmation (ta'keed) or establishment (ta'sees). Anger does not prevent the occurrence of divorce unless the person uttering it does not comprehend what he is saying. One must beware of anger and avoid words of divorce. A wife leaving her husband's house without his permission is a sin and an act of disobedience (nushooz) that forfeits her right to maintenance. Reconciliation (raj'ah) during the waiting period ('iddah) is the husband's right, and neither the wife nor her guardian may refuse it.

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Ftawy
Original fatwa ID
138465
Imported
Translation status
Source text, unreviewed
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