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Fatwa CenterThe conditional divorce cannot be withdrawn
Question
One of my friends husband swore that if my friend ever ate anything that is brought by him and is not a necessity of life, the relationship between them would be over. So if she happens to eat anthing that he brings, would the divorce happen between them? Also now the husband want to break that oath, what should he do?
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.
What happened is that this husband conditioned the divorce of his wife on something with a wording that makes divorce effective when the thing upon which he conditioned divorce takes place, and it could probably mean a promise of divorce. However, it is not possible to withdraw a conditional divorce. Therefore, if he intended to divorce his wife when the thing upon which he conditioned divorce takes place, then divorce takes place if this thing happens; for more benefit, please refer to Fatwa 87606.
Since the wording here is considered a metaphor of divorce, then it is a condition that he intended to divorce her if the thing upon which he conditional divorce takes place, i.e. she eats anything that is brought by him and is not a necessity of life. That is because divorce in such a case does not take place except with intention. However, it is the people of experience who may determine that a thing is a necessity of life.
Nonetheless, there is a solution for this man, which is that he gives his wife money so that she would buy her own food by her own self, unless he has intended any kind of food from him whether it is brought by him or bought by his money.
Finally, our advice is that a husband should not say such words, and he should have good marital relationship with his wife as he has been ordered by Allaah; Allaah Says (what means): {And treat them kindly.}[Quran 4:19]
Allaah Knows best.
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