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Fatwa CenterA husband wants to withdraw a conditional divorce
Question
ASAK. One of my family member has given a kasam to his wife that if she talk to a person at any time. She will be divorce. She never talk to that person later things become better and husband said now you are free from kasam. But wife argue that she still can not talk to him. If she does? it will count one divorce? Please put some Light to it. Thank you Allah Hafiz
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
It is not possible to withdraw an oath of divorce or to invalidate it because it is a conditional divorce according to the view of the majority of the scholars 
. However, if the reason for making the oath does no longer exist, then divorce does not take place if the wife talks to the person upon which her husband made an oath that if she talks to him/her she will be divorced. However, if the reason still exists, then divorce takes place when she talks to that person, and it will be considered as one divorce if the husband did not intend more than one divorce.
For more benefit on a husband taking an oath to divorce his wife if she does what he conditioned divorced on, please refer to Fataawa 89382 and 83063.
Allaah Knows best.
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