Does a conditional divorce take effect if what it was conditioned upon occurs by mistake and not by intent, and does the oath remain valid in this case?

The majority of scholars hold that if a husband makes his wife's divorce conditional upon an event, he cannot retract it. The divorce takes effect if the condition is met, regardless of whether the husband intended the divorce to occur or merely intended a threat. This is the fatwa we adopt.

Conversely, some scholars, such as Ibn Taymiyyah, are of the opinion that if he intended the divorce to occur, he can retract it. But if he did not intend the divorce but merely a threat, then no divorce takes place; rather, he is obligated to pay the expiation for breaking an oath (kaffarat yamin).

According to the fatwa we adopt, separation occurs if the wife speaks to the woman her husband swore she would not speak to. Some scholars hold that the divorce is not prevented from occurring even if she spoke to her unintentionally.

However, some scholars are of the view that there is no breaking of the oath if she spoke to her unintentionally, and this is what we have previously preferred.

If the husband intended by his oath to prevent her from speaking to the woman intentionally, and not absolutely, then no divorce occurs in this case, and the oath remains. If she then speaks to her in the manner the husband intended, her divorce takes place.