Wednesday, October 5, 2011

He said to his wife: If you do this thing you will be divorced

 

I said to my wife that if she did something, she would be divorced, but she did not do it. Did I overstep the line, and is she still my wife? I hope that you can advise me.

Praise be to Allaah.

If a man says to his wife, “If you do such and such then
you are divorced,” then this is a divorce that is dependent upon the
condition, and if she does that then divorce takes place according to the
majority of scholars. 

Some scholars are of the view that it depends. If the husband
intended that divorce should indeed take place if the condition was
fulfilled, then divorce counts as such. But if his intention was to stop her
doing that thing, and he did not intend divorce, then this comes under the
same rulings as an oath (yameen), so he has to offer expiation if it is
broken, and it does not count as divorce. This is the view favoured by
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and some of the
scholars. 

Thus it is clear that if your wife did not do that thing,
then nothing has happened, and there is no divorce or expiation. But if she
does do it, then the difference of opinion mentioned above comes into play. 

See also the answer the questions no.
82400 and
105438. 

It is essential to adhere to the limits set by Allah and
beware of using the word of divorce in arguments or at times of anger.
Divorce is only prescribed to end the relationship between the spouses, and
the husband should not use it except with wisdom and caution to end the
relationship. 

And Allah knows best.

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