🚪 Divorce, ʿiddah & rujuk · #59
A husband says, "If you leave this house, you are divorced." What is the ruling if the wife goes out?
According to the Shafi'i school, this is a conditional talak (verbal taʿliq): if the condition occurs, talak falls in the number and with the intention pronounced, even if the husband later regrets it.
Allah warns against making a mockery of His rulings (al-Baqarah 2:231), and the Prophet ﷺ said that three things are serious whether said seriously or in jest, among them talak (Sunan Abu Dawud 2194). Important details: what the condition really meant (going out once, or going out without permission); whether the wife went out forgetfully or under compulsion; and the husband's intention. Some other scholars treat such words as an oath if the intention was to threaten rather than to divorce. Because the ruling is subtle and depends on the facts, the case should be taken to the Syariah Court for confirmation. Never use talak as a threat. See Talak.
Allah warns against making a mockery of His rulings (al-Baqarah 2:231), and the Prophet ﷺ said that three things are serious whether said seriously or in jest, among them talak (Sunan Abu Dawud 2194). Important details: what the condition really meant (going out once, or going out without permission); whether the wife went out forgetfully or under compulsion; and the husband's intention. Some other scholars treat such words as an oath if the intention was to threaten rather than to divorce. Because the ruling is subtle and depends on the facts, the case should be taken to the Syariah Court for confirmation. Never use talak as a threat. See Talak.
Difference between schools. Some scholars, including the view chosen by Ibn Taymiyya, treat a conditional talak intended as a threat or incentive as an oath expiated by kaffarah, not as talak.