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The question

Does a divorce occur if the husband says to his wife during an argument, "If you do such and such, you are divorced," and then the wife does that later and swears that she does not remember this condition?

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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 ( mu'allaq) takes effect when the condition is met, regardless of whether the husband intended divorce or merely a threat. This differs from the view of Ibn Taymiyyah, who holds that it does not take effect if the intention was to threaten, prevent, or encourage, and that only an expiation for a broken oath (kaffarat ) is required. If the wife does what the divorce was conditioned upon, then the divorce takes effect. However, if she does it out of forgetfulness or ignorance of the divorce being conditional, scholars have differed on whether the divorce takes effect in this case, and some verifying scholars have favored the view that it does not take effect. It is preferable to refer the matter to the court, as a judge's ruling resolves disagreement.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
120549
Imported
Translation status
Source text, unreviewed
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