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The question

Does a divorce occur if the husband says to his wife: "If you have done any of these things that you swore upon on the Qur'an, or thereafter, then you are divorced"?

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

A husband must think well of his wife, and it is not permissible for him to spy on her faults, as that is forbidden. As for conditioning divorce on the occurrence of an event in the past or future, if the event has already occurred in the past, the divorce takes effect. However, if it has not occurred, the divorce remains suspended, contingent on its future occurrence, and according to the majority of scholars, it takes effect when it happens. Sheikh Al-Islam Ibn Taymiyyah is of the opinion that divorce does not take effect if the intention was merely to threaten, but an expiation for a broken oath (kaffarat ) is due. Since the wife denied the occurrence of the event, the default is to believe her, and the divorce does not take effect, though she bears the sin if she lied. The husband should explain to her the seriousness of the matter and promise to forgive her if she confesses, and he should treat her kindly and avoid using the word divorce.

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Where this answer came from
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Ftawy
Original fatwa ID
64020
Imported
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Source text, unreviewed
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