If a man swears to divorce his wife upon traveling, on the condition that she leaves the house in his absence, and he intends to prevent her, but she leaves, is the divorce executed?

The questioner : A man swore to divorce his wife if she left the house while he was traveling, and she left the house. Is she considered divorced, given that he did not intend divorce but rather intended to deter her from going out?

The Shaykh : Such an oath of divorce is not considered a divorce if the condition upon which it is contingent occurs. As in this case in the question, if she leaves, she is divorced, provided that the one who swore the oath of divorce does not intend to divorce the woman, but rather intends to prevent her from that act, which is leaving the house in his absence, as stated in the question. Divorce, like marriage, cannot occur unless there is resolve and intention. Here, there was no intention [to divorce]; rather, the intention was directed toward preventing the woman from going out, and his intention was not to divorce her if she went out against his will. Therefore, there is no divorce in this situation.

The questioner : O Shaykh.

The Shaykh : Please, we said earlier that there is no talking. Listen, I have warned you repeatedly, and now I have warned the one who wants to ask to raise his hand, just like the others. There is no distinction among us, and there is no preference. If you ask, raise your hand or raise your finger. Yes.