A woman stipulated that her husband should not
travel abroad without her knowledge, and that if he did travel without
her knowledge, it would be the last day between them. Then he travelled
without telling her, and she does not know whether he forgot the
condition or was heedless of it. Is the relationship ended by this
action and is the woman irrevocably divorced? i.e., is she finally
divorced from her husband and cannot go back to him? Or is it one
talaaq? Or does it depend on the woman herself, if she insists on her
condition then she is divorced and if she recants it then there is
nothing? Is there any expiation to be offered?.
Praise be to Allaah.
Divorce (talaaq) can only
come from the husband. If a woman divorces her husband by talaaq or makes
him haraam for herself, that does not count as a talaaq.
But if the husband accepted
what his wife stipulated, and said that if he travelled without her
knowledge then it would be the last day between them, then this wording is a
metaphor for divorce, and it is dependent upon a condition, so it depends on
the husband’s intention; if he intended divorce thereby then it counts as a
talaaq, and if he did not intend divorce then it does not count as such. If
he intended to prevent himself from travelling without her knowledge but did
not intend divorce, and then he travelled, then he must offer kafaarat
yameen (expiation for breaking an oath).
If he said: I intended
divorce by this stipulation, but he travelled forgetting the condition, then
it does not count as divorce according to the more correct scholarly view.
See the answer to question
no.
105998.
In
the event that it is deemed to count as a divorce, it counts as one
talaaq only. If this is the first or second talaaq then the husband may
take his wife back so long as the ‘iddah has not yet ended.
الخميس مارس 21, 2013 6:26 am من طرف وسوم الحلو
موضوع: He agreed with her husband that if he travelled without her knowledge, it would be the last day between them, and he travelled. 
