The ruling on one who divorces his wife for doing what he forbade her to do
Machine translationRead the Arabic original
Question:
He said to his wife: "Do not enter this door, and if you go out of it, you are divorced." In fact, his wife went out. Is she divorced?
Answer:
As you heard, the matter is that if he says, "If you go out, you are divorced," or "If you talk to so-and-so," and his intention is to prevent her, not to separate from her, then he owes the expiation for an oath—as you heard. If he says, "If you talk to so-and-so, or go to so-and-so's house, or go out without my permission, you are divorced," and his intention is to prevent her, not to separate from her, then its ruling is the ruling of an oath, and he owes its expiation.
As for if his intention is to separate from her if she goes out, then she is divorced, and it counts as one divorce for him. If he had divorced her before this, it would be two divorces, completing the number of divorces, and she would be forbidden to him until she marries another husband. But if he had only one divorce before this, or nothing before this, he can take her back.
He said to his wife: "Do not enter this door, and if you go out of it, you are divorced." In fact, his wife went out. Is she divorced?
Answer:
As you heard, the matter is that if he says, "If you go out, you are divorced," or "If you talk to so-and-so," and his intention is to prevent her, not to separate from her, then he owes the expiation for an oath—as you heard. If he says, "If you talk to so-and-so, or go to so-and-so's house, or go out without my permission, you are divorced," and his intention is to prevent her, not to separate from her, then its ruling is the ruling of an oath, and he owes its expiation.
As for if his intention is to separate from her if she goes out, then she is divorced, and it counts as one divorce for him. If he had divorced her before this, it would be two divorces, completing the number of divorces, and she would be forbidden to him until she marries another husband. But if he had only one divorce before this, or nothing before this, he can take her back.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
