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The question

Does a divorce take effect if a man conditions his wife's divorce on her doing something, and she does it out of forgetfulness, and the husband intended to threaten rather than divorce? And does the ruling differ between his saying "you will be divorced" and "I will divorce you"?

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

If a husband says to his wife, "If you do such and such, you will be divorced," or "I will divorce you," and his intention is merely to promise a divorce, then nothing occurs if he does not fulfill the promise. However, if his intention is to make the divorce conditional, then, according to the majority of scholars, the divorce takes effect when the condition is met, even if his intention was to threaten. If the wife does the action upon which the divorce was conditioned out of forgetfulness, then the husband is not obligated to divorce her.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
95002
Imported
Translation status
Source text, unreviewed
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