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Fatwa CenterIntention of husband determines conditional divorce
Question
Assalaamu alaykum. We had one divorce, and then after six months, my husband said, “If you go out of the room, you would be divorced.” I left. I did not know much about the conditional divorce, but it always bothered me, but I did not ask him. Then we had another divorce a few years later. After this divorce, I asked him about the conditional divorce, he did not remember it since the incident was a few years old. Then he said that at the time he said word ‘free’. I clearly remembered that he said word divorce, so I asked a scholar, who said that it depends on his intention if he said divorce. I told my husband that the word divorce depends on the intention in a conditional divorce. Later on, my husband said that he does not remember whether he said the word divorce, but if he said word divorce, he did not intend divorce at all. He still says that he said ‘free’, but I clearly remember that he said the word divorce. I know that your website holds the view that the conditional divorce does not depend on one's intention, but I have a question. My question is: I (wife) clearly remember that he said the word divorce, but if the husband does not remember that he said it, then would his statement about his intention, that he did not intend divorce if he said the word divorce, be acceptable even though he does not remember if he said the word divorce? Thank you.
Answer
All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
The basic principle is that what the husband says about divorce is what determines whether divorce took place or not, and what he says about his intention is also what determines whether divorce took place or not, so as long as your husband says that he did not intend to issue a divorce with that statement, then his word is accepted regardless of whether he said ‘Talaaq’ (meaning you will be divorced if you did such and such) or 'free' (you will be free) because he is the one who knows his intention best, so his word is accepted in this regard.
Ibn Qudaamah 
wrote, “In case of a dispute between the spouses and the husband says that he did not intend to issue a divorce by saying that the wife has the choice to terminate the marriage and that the matter is in her hands and the wife argues that he intended it, his word must be accepted because he knows best what his intention was, and none can know his intention other than him.” [Al-Mughni]
Allah knows best.
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