Does a divorce occur if the husband tells his wife, "You are divorced if you leave the house without my permission," and then she leaves, knowing that this is his third pronouncement of divorce? And is it permissible for him to retract this condition?
The fatwa is that whoever suspends his wife's divorce on a condition cannot retract it, and if the condition is met, the divorce occurs, whether he intended to effect the divorce or merely to threaten. This is the view of the majority of scholars.
Based on this, since you left without your husband's permission, your divorce has occurred. And since he had divorced you twice before, you are now separated from him with a major irrevocable divorce (baynunah kubra). You are not permissible for him unless you marry another man who consummates the marriage with you, and then he divorces you or dies, and your 'iddah (waiting period) from him expires.
If your husband intended to effect the divorce with this oath, and he did not retract it until after you left without his permission, then the divorce has occurred, according to the general consensus of scholars.
However, if you did not leave without your husband's permission until after he told you, "If you wish, leave without my permission," then he did not break his oath by your leaving without his permission. It is advisable to present the matter to trustworthy scholars in your country.
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- Original fatwa ID
- 170789
- Imported
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