What is the ruling when a man tells his wife, 'If you let this boy leave, you are divorced,' and the boy leaves without her choice?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 1 · Bab 2

Open in Qurani

Primary text

If the boy leaves without the wife's choice or agency, and she intended not to let him leave, she is considered to have violated her oath (and is divorced). If she intended not to leave him in that state, she is not considered to have violated the oath. Ahmad narrated this meaning, as the oath pertains to her action; if the exit occurred without her choice, it is considered as if she were coerced, since she could neither preserve nor prevent it. However, if she intended the action (the boy leaving), then the condition is met, and the oath is violated.

Supporting text

If the wife's intention is unknown, the oath defaults to what the wording encompasses, which is her action. Therefore, she is only considered to have violated the oath if the boy leaves due to her negligence in guarding him or by her choice.