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The question

Does divorce occur by the husband's statement, "If you leave, you are divorced," and the wife's statement, "I will leave even if I am divorced," followed by the wife's departure after taking money from the husband, which she considered his approval for her departure?

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

The majority of scholars hold that a conditional divorce (talaq mu'allaq) takes effect if the condition it was tied to occurs, whether the husband intended divorce or merely a threat. The husband cannot revoke it. This is the authoritative fatwa. This differs from Ibn Taymiyyah, who held that it does not take effect if the intention was merely a threat, prevention, or encouragement, and that it can be expiated with an oath and can be revoked. Therefore, if you left after your husband conditioned divorce on your leaving, then the divorce has occurred according to the authoritative fatwa. It is advisable to present the matter to a Sharia court. A wife must obey her husband in what is permissible and should not leave without his permission unless there is a necessity.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
121076
Imported
Translation status
Source text, unreviewed
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