What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: Someone said to his wife that if she leaves the house, then she is divorced three times, however he did not say this with the intention of divorce. So, will three divorces actually occur when his wife leaves the home, and if it is as so, then what can there be as an alternative solution to avoid this?
Questioner: Brother from UK
بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب
When he said this sentence of ‘if you leave the home, then you are divorced thrice’ then these three divorces have become conditional upon the wife exiting the home, and if his wife leaves the home, said divorces will occur. And as for the words that this person has used, these are clear & explicit words when it comes to divorce; intention is not needed, required nor considered for the occurrence of divorce in this regard – divorce can also occur without intent.
Nevertheless, a substitute for avoiding three divorces is that the aforementioned individual is to divorce his wife via one revocable divorce but he is not to revoke it during ‘Iddah [waiting period]. When the waiting period of the wife is complete [i.e. when three menstrual periods have passed], so when she leaves the home, by doing so the pending condition finishes because at the time she will not be in his Nikāh [marriage] – in other words, she exited the home in the state that she was not in his marriage. This is why three divorces will not occur and the condition has also been fulfilled as well, both the husband and the wife can then mutually fix the dowry and marry [i.e. perform Nikāh] in the presence of [valid] witnesses. However, from now on there will only be the right of two divorces.
Just as it is stated in Durr Mukhtār ma’ Radd al-Muhtār,
“فَحِيلَةُ مَنْ عَلَّقَ الثَّلَاثَ بِدُخُولِ الدَّارِ أَنْ يُطَلِّقَهَا وَاحِدَةً ثُمَّ بَعْدَ الْعِدَّةِ تَدْخُلُهَا فَتَنْحَلُّ الْيَمِينُ فَيَنْكِحُهَا”
[al-Durr al-Mukhtār ma’ Radd al-Muhtār, vol. 3, p. 355]
واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری
Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali Madani
Read the original Urdu answer here: [Q-ID0836] My Husband said I am divorced if I leave the house, will divorce have occurred if I left?