The Ruling on Swearing an Oath of Divorce or Making It Conditional

Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.

Question:​

If a man says to his wife, "It will be obligatory for me to divorce you if you go to such and such a place," what is the ruling if the wife later goes to that place? What is the outcome if his intention was tied to his words?

Answer:​

1. Swearing an Oath of Divorce:
   • The statement "It will be obligatory for me to divorce you" is regarded as an oath of divorce (al-talaq).
   • Such an oath does not automatically enact divorce unless the husband explicitly intended to issue a divorce through these words.
2. Intent Determines the Outcome:
   • If the husband uttered the statement with the intention of divorce, then divorce will take effect once the condition (e.g., the wife going to the specified place) is fulfilled.
   • If there was no intention of divorce, but merely an oath or a threat, then this is treated as an oath (yamin) rather than an actual divorce. In such cases, breaking the condition requires expiation for an oath (kafarah), as outlined in Islamic teachings.
3. Types of Divorce:
   Scholars classify divorce into two categories:
   • Talaq Sunni (Legitimate Divorce): This is a divorce issued in accordance with the Sunnah, such as giving one pronouncement during a period of purity when no intercourse has occurred.
   • Talaq Bid’i (Innovative Divorce): This refers to a divorce given in a manner that contradicts the Sunnah, such as issuing multiple pronouncements at once or during menstruation.
   • While issuing talaq bid’i is impermissible, there is scholarly disagreement about whether it takes effect. Some jurists affirm its validity despite it being sinful, while others argue it is null and void.
4. Conditions for Talaq Sunni:
   • Observing the Sunnah's guidance when issuing divorce.
   • Testimony of witnesses is recommended but not a strict condition.

Practical Ruling for This Case:​

• If the husband intended divorce when making the statement and the wife fulfills the condition (e.g., going to the specified place), divorce will take effect.
• If there was no intention of divorce, the statement is treated as an oath. If the condition is broken, the husband must offer expiation (kafarah), which includes:
  1. Feeding ten needy people,
  2. Clothing ten needy people,
  3. Freeing a slave,
  4. If unable to do the above, fasting for three consecutive days.

Conclusion:​

The outcome of a conditional divorce depends on the husband's intention when making the statement. Without the intent of divorce, the ruling is treated as a broken oath requiring expiation. If intent is present, divorce takes effect upon the condition's fulfillment.Source: Extracted from the book 500 Questions and Answers for Women based on the fatwas of the scholars of the Two Holy Mosques, translated by Hafiz Abdullah Saleem.