Does a divorce occur if the husband says to his wife during an argument, "If you do such and such, you are divorced," and then the wife does that later and swears that she does not remember this condition?
The majority of scholars hold that a conditional divorce (talaq mu'allaq) takes effect when the condition is met, regardless of whether the husband intended divorce or merely a threat. This differs from the view of Ibn Taymiyyah, who holds that it does not take effect if the intention was to threaten, prevent, or encourage, and that only an expiation for a broken oath (kaffarat yamin) is required. If the wife does what the divorce was conditioned upon, then the divorce takes effect. However, if she does it out of forgetfulness or ignorance of the divorce being conditional, scholars have differed on whether the divorce takes effect in this case, and some verifying scholars have favored the view that it does not take effect. It is preferable to refer the matter to the Sharia court, as a judge's ruling resolves disagreement.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/120549