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The question

What is the ruling of Islamic law regarding a conditional oath of divorce that has not been fulfilled, given that the husband retracted his condition before its fulfillment?

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

If the husband intends that the wife's failure to do a certain thing absolutely leads to divorce, then when she does it, the divorce occurs, and he cannot retract it unless he specified a certain time or place. If he had no intention, then his intention is considered. As a precaution, it is better to avoid the action upon which the divorce is conditioned, unless it is difficult or harmful. Some scholars are of the view that if the husband did not intend divorce but rather a threat, then an expiation for a broken oath (kaffarat yamin) is incumbent upon him. We advise the husband not to condition divorce upon such matters.

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Ftawy
Original fatwa ID
83941
Imported
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