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The question

Is a wife divorced if her husband told her: "If you communicate with so-and-so, you are divorced unless I permit you," and she then communicated with the person mentioned?

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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 occurs if the condition is met, regardless of whether the husband intended divorce or threat. This is in contrast to Ibn Taymiyyah, who believes it does not occur if the intention was threat, prevention, or encouragement, and can be resolved by an expiation for an oath. The reference for an oath is the intention of the one swearing it. So, if you intended to prevent your wife from excessive communication, and not from communication absolutely, then the divorce does not occur due to a casual call. If this pronouncement does not complete the three divorces, you may take her back before her iddah expires. Some scholars do not consider a divorce to occur if the wife performs the sworn-against act out of ignorance or misinterpretation. It is preferable to present disputed matters to a Sharia court or trusted scholars.

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Ftawy
Original fatwa ID
128414
Imported
Translation status
Source text, unreviewed
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