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The question

Does divorce occur by saying, "If you leave, she is divorced," with the intention of threat, knowing that the wife was outside the home at the time of this statement and then left the following day?

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

The enquirer conditioned his wife's divorce on her leaving her father's house, and she left knowingly and remembering. Based on this, the divorce is effective even if the husband did not intend it. This is the view of the majority of scholars. Shaykh al-Islam Ibn Taymiyyah is of the opinion that an expiation for an oath is required if the intention was to threaten and not to divorce. Note that a wife leaving without her husband's permission for no legitimate reason is impermissible and is considered insubordination (nushooz). If the divorce occurs, she can be taken back before the completion of her iddah if it does not complete the three divorces. If the divorce occurs three times, then the wife becomes unlawful to him until she marries another husband with a valid marriage, and then he divorces her after consummation.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
102694
Imported
Translation status
Source text, unreviewed
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