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Fatwa CenterConditional divorce
Question
After a fight with my husband I attempted to go out of the house, but he said if you go out of the house you are divorced (Talaq).I just got out of the flat door about 2 feet, stopped, thought and then returned back to the house. The door was still open. For your information we live in a flat on the 3rd floor of the building.Please advise ASAP.Is this considered as a TALAQ, if it is what should I do to return him back.
Answer
Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Dear Sister, the rule of this divorce depends on the intention of your husband. If he meant that if you go out of your flat then you are divorced, the condition on which the divorce depended has been met according to the preponderant opinion of Muslim scholars. If your husband meant that if you go out of the building, the condition of divorce has not been met so, the divorce will not occur. When we judge that the divorce has occurred, then you check your previous married life. If this is the first divorce (he had not divorced you before) then this divorce is considered your first revocable divorce. So, he may bring you back to his conjugal life during your Iddah without renewing the marriage contract, or witnesses and without giving Mahar. But appointing someone as witness on taking the wife back is desirable. If your Iddah passed after this incident and this was first or second divorce then he may take back you with your consent, after fulfilling all the conditions of a new marriage contract. For more details, please refer to Fatwa 81568 and 83063. Allah knows best.
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