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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling if a man says: If you and your sons enter my house, my wife is divorced

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A dispute occurred between two neighbors, and one of them said to the other in a state of anger: If you and your sons enter my house, my wife is divorced. Is this considered a divorce? Or is it considered an oath, for which he must pay expiation?

Answer: If the one who pronounced the divorce intended only to prevent them from entering, and did not intend to effect the divorce if they did enter, then this divorce is considered in the ruling of an oath, and its expiation is obligatory upon him—in the most correct of the two opinions of the scholars—which is the choice of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him).
However, if he intended both prevention and effecting the divorce, then the divorce takes effect upon his wife when they enter the house, and it becomes one divorce. This is if the situation is as the questioner described, and he may take her back as long as she is in the waiting period, provided he had not previously divorced her twice. And success is from Allah.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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