Back to search
The question

Does divorce take effect if the wife leaves after the husband says to his wife, "If you leave, you are divorced," with the phrase being repeated over two days, and the husband's intention is for her not to leave, while the wife's intention is to leave due to fear of the husband, and his behavior after her departure suggests his desire for her to leave?

Share this answer

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

What happened on your part is that you made your wife's divorce conditional upon her leaving the house. Conditional divorce takes effect upon the fulfillment of the condition, according to the majority of jurists, whether the husband intended to pronounce divorce or merely to prevent. Sheikh Al-Islam Ibn Taymiyyah, however, held the view that only expiation is required if the husband intended prevention and not divorce.

However, if there was a specific reason for preventing her from leaving and that reason ceased to exist, and then you gave her permission, nothing will result from that. The wife's intention is not considered here, as the husband is the one who holds the power to dissolve the marriage bond.

It is incumbent upon both spouses to strive for family stability and avoid causes of discord.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
125838
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy