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The question

Does a divorce occur if the wife forgets and leaves without her husband's permission, knowing that he told her: "You are divorced if you leave"?

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

First: If a man says to his wife, "You are divorced if you go out," and she goes out, remembering and choosing to do so, divorce occurs according to the majority of jurists. Some scholars are of the opinion that if the husband intended to prevent her from going out and did not intend divorce, then he must pay expiation for an oath (kaffarat yameen), and divorce does not occur. However, if he intended divorce, it occurs upon the happening of the suspended condition. This is the choice of Shaykh al-Islam Ibn Taymiyyah.

Second: If the condition upon which divorce was suspended is fulfilled forgetfully, divorce occurs according to the majority of jurists. The Shafi'is, and a narration from Ahmad chosen by Ibn Taymiyyah, hold that divorce does not occur if the suspended action is performed forgetfully, especially if the suspension is on the action of another, provided that this other person cares about the husband's words and avoids disobeying him. If that is not the case, or if the other person did not know about the suspension, then divorce occurs. Shaykh Ibn Baz issued a fatwa stating that if someone suspends divorce on an action and then performs it forgetfully, his wife is not divorced because he did not intentionally perform it. However, if the wife goes out without the excuse of forgetfulness or compulsion, divorce occurs if the husband intended it; otherwise, he must pay expiation for an oath.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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