Does a wife divorce if she leaves the house after her husband initially gave permission but then forbade her before she left?

General Chapter

Al-Mughni

Book of Expiations

Book 60 · Issue 1 · Bab 1

Open in Qurani

Primary text

The divorce occurs if the wife leaves after the husband forbade her, even if he had previously granted permission. This is because her departure occurred without his permission at the time of leaving. This ruling is also applied analogously if the condition was 'except with my permission.' The prohibition revokes the prior permission, resulting in the wife leaving without permission. Similarly, if a husband authorizes an agent to sell property and then forbids the sale, the subsequent sale is void.

Supporting text

Some Shafi'i scholars hold that the divorce does not take place because the husband had already granted permission. However, this view is invalid because the subsequent prohibition nullifies the prior permission.