Conditional Divorce

Mufti:

Alsayyed Muhammad b. Abdallah Awad Al-Muayyady

تاريخ النشر: December 25, 2025

Fatwa number: 18759

Number of views: 5

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Conditional Divorce

Fatwa number: 18759

Question about a man’s saying, for example: “My wife is divorced—I am not doing such-and-such,” or “You will come to lunch at my place,”and the like?

Answer—and Allah grants success: By ʿurf this is a divorce suspended on a condition, even without an explicit conditional particle; in people’s customary usage it is intended to urge doing something or prevent it.
Accordingly, it is assimilated to the oath by divorce discussed in the fiqh books; thus divorce occurs by contravening what he swore about. In the two examples, divorce falls by doing such-and-such in the first, and by failing to lunch with him in the second. Thus it has been said. The preferable view is what we mentioned in the previous answer.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1