Fatwa ID: 01558

Answered by Mufti Mohammed Tosir Miah

Question:

If the husband said to his wife if I leave the house then I have divorced you

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

Taleeq is an Arabic word meaning ‘having connection of one thing with another’, in a sense, if one thing is said to have a connection with another thing then dependence of one must be a basis for the existence of another.  For example, if a husband said to his wife ‘If you enter the house, you are divorced’.  In this example the husband is making the existence of divorce dependant on her entering the house.   (Hidayah p.385 v.2)

Regarding your question, when the husband said to his wife “if I leave the house then I have divorced you,” then as soon as he left the house a divorce will occur. If he said this to his wife on two separate occasions and then followed it up by walking out on her, then two divorces will occur.

You mentioned in our conversation over the phone that he had already given his wife a divorce, which will result in his wife now being divorced three times and it will be unlawful for her to return back to the husband.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.