The ruling on the occurrence of divorce in the absence of the wife.

The question: He says at the end of his letter: Does divorce take effect on a woman when I am outside the house and at work, and I swore by divorce to do something or leave it undone, and I fell into what I swore about? Does the divorce take effect even though the woman did not hear these words? And is there a difference between divorce in the absence of the woman or in her presence?
The answer: It is not a condition for the occurrence of divorce that she be present. Divorce takes effect in her absence and in her presence; if he divorces her in a distant land, the divorce takes effect. So it is not a condition of divorce that she be present. However, divorce contingent on something is different. If the thing it is contingent on is something he intends to prevent, or to bring about, or to affirm, or to deny, then according to the correct of the scholars' opinions, it has the ruling of an oath. It has the ruling of an oath, and he expiates with the expiation of an oath, and the divorce does not take effect. For example, if he says: "Divorce is upon me if I speak to so-and-so," or "Divorce is upon me if I do not travel on such-and-such a day," or "Divorce is upon me if you do not go out to your family," or "Divorce is upon me if you do not speak to so-and-so or so-and-so," intending by this to prevent her from speaking or going out. Since he intends by his saying, "Divorce is upon me if I do not travel," to prevent himself from traveling, and the like, then its ruling is the ruling of an oath. He owes the expiation, which is feeding ten poor people or clothing them, and the divorce does not take effect on his wife. But if his intention is to effect the divorce, and he says this with the intention of threatening with this thing, but he intends the divorce to take effect, and he says: "Divorce is upon me if you do not go out to your family's house," or "Divorce is upon me if you do not speak to so-and-so," and he intends to prevent her and intends the divorce to take effect if she does it, then the divorce takes effect on her. Yes.
The presenter: May Allah bless you and reward you with good.