Back to search
The question

What is the ruling regarding a husband's statement to his wife in a moment of anger: "If you speak to so-and-so, you are thrice divorced"?

Share this answer

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

The majority of scholars hold that a conditional divorce takes effect upon the fulfillment of the condition. Based on this, the only way to prevent the divorce from occurring is for the wife not to speak to the woman in question. If she speaks to her, the divorce will occur as three pronouncements according to the majority, and this is the most preponderant opinion. In such a case, she becomes unlawful for her husband until she marries another man in a valid marriage.

As for Sheikh al-Islam Ibn Taymiyyah, he is of the view that the husband is obligated to offer an expiation for an oath if he did not intend divorce but rather threat or intimidation. If he intended divorce, then he is obligated to one pronouncement of divorce, and he can take her back before the completion of her waiting period if it does not complete three pronouncements. Sheikh al-Islam also held that it is permissible to retract the condition before the occurrence of the condition if one intended divorce and not an oath, and nothing is binding on him, contrary to the view of the majority.

The fatwa acted upon is the view of the majority regarding the occurrence of divorce upon breaking the condition and the impossibility of retracting the condition, with the caveat that the divorce of an enraged person does not occur if his rage is so severe that he does not comprehend what he is saying.

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
125611
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy