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The question

Does the husband's oath of divorce to his wife, by saying: "Divorce be upon me if I do not divorce you" after she leaves the house without his permission, take effect? And what is the ruling on the wife returning to him if the divorce takes effect, knowing that the husband said it in a moment of anger?

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

The husband's statement, "By divorce, I shall divorce you," is a conditional divorce, and it has details:

- If he intended a threat or to urge himself to divorce, then its ruling is that of an oath. If he does not divorce, he must pay an expiation for an oath (kaffarat yamin).

- If by his statement, "By divorce," he intended that divorce would befall him if he did not divorce, then one divorce occurs.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
9975
Imported
Translation status
Source text, unreviewed
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