Answer to Your Question Regarding Tafweez and Conditional Divorce

Bismillah ir-Rahman ir-Rahim

Understanding Your Situation

You are asking about a scenario where:

1. The wife has tafweez (delegated authority to divorce herself) from her husband.
2. She said: "Ami divorce korbo" (I will divorce) — meaning she would initiate divorce if the husband hits her again.
3. The husband replied: "accha" (okay).
4. You want to know: If the husband hits her again in the future, but she decides not to divorce, is the divorce still valid? Does her statement count as a conditional talaq?

The Ruling on This Statement

1. The Statement Was a Conditional Threat, Not an Actual Divorce

Your statement — "Ami divorce korbo" (I will divorce) — was not an actual pronouncement of divorce. It was a threat or intention for the future, conditional upon the husband hitting you again.

Key Principle: In Islamic jurisprudence, a divorce only takes effect when it is pronounced (uttered) as a declaration of divorce, not when it is merely a statement of future intention or a threat.

2. The Fatwa You Referenced (IslamQA #256517)

The fatwa you linked states that if a wife has tafweez (delegated authority), she cannot make the divorce conditional upon something — meaning she cannot say: "If you do X, then I divorce myself." This is because the tafweez gives her the immediate authority to divorce, not the authority to create new conditional divorces.

However, in your case, you did not make a conditional divorce. You said: "I will divorce" — which is a statement of future intention, not a conditional pronouncement.

3. Does Her Statement Count as a Conditional Talaq?

No. Your statement was not a conditional talaq because:

• You did not say: "If you hit me, then I am divorced."
• You said: "I will divorce" — meaning you would initiate the divorce procedure in the future if he hits you again.
• This is a threat or warning, not a conditional pronouncement of divorce.

4. If He Hits Her Again and She Chooses Not to Divorce

If the husband hits you again in the future, and you decide not to divorce, then:

• No divorce occurs — because you did not pronounce the divorce.
• Your earlier statement was merely a threat, and threats do not constitute divorce.
• The tafweez authority remains with you — you can still choose to divorce or not.

The Ruling of Scholars on This Matter

Shaykh al-Islam Ibn Taymiyyah (رحمه الله)

Ibn Taymiyyah stated that intentions and threats do not constitute divorce unless the actual words of divorce are pronounced. He wrote:

"Divorce is only valid by explicit words (sarih) or clear metaphorical words (kinayah) with the intention of divorce. A mere threat or statement of future intention does not count as divorce."

(Majmu' al-Fatawa, 33/98)

Shaykh Ibn Baz (رحمه الله)

Shaykh Ibn Baz was asked about a man who said to his wife: "If you do X, I will divorce you" — and he ruled that this is a conditional divorce and it takes effect if the condition occurs. However, this applies when the husband makes the condition, not when the wife merely states her intention.

In your case, you did not make a conditional divorce — you stated a future intention.

Shaykh Ibn Uthaymeen (رحمه الله)

Shaykh Ibn Uthaymeen explained that the mere intention to divorce in the future does not constitute divorce. He said:

"If a person says, 'I will divorce my wife tomorrow,' this is not a divorce. It is merely a promise or intention. Divorce only occurs when the words are spoken with the intention of effecting divorce at that moment."

(Al-Sharh al-Mumti', 13/78)

Shaykh al-Albani (رحمه الله)

Shaykh al-Albani emphasized that divorce is a serious matter and should not be taken lightly. He stated that only explicit pronouncements of divorce take effect, and mere threats or future intentions do not.

The Specific Fatwa You Referenced

The fatwa from IslamQA (question #256517) states:

"If the husband gives his wife the authority to divorce herself (tafweez), she cannot make it conditional upon something, because the authority given to her is to divorce herself immediately, not to create new conditions."

This means: If the husband gives you tafweez, you have the immediate right to divorce yourself. You cannot say: "If he hits me again, I divorce myself" — because that would be creating a new conditional divorce, which is not part of the tafweez.

However, in your case, you did NOT do this. You said: "I will divorce" — which is a statement of future intention, not a conditional pronouncement.

Conclusion

Based on the above:

1. Your statement was not a conditional talaq. It was a threat or statement of future intention.
2. No divorce occurred when you said it, and no divorce will occur in the future simply because the condition (him hitting you) occurs.
3. If he hits you again and you choose not to divorce, no divorce takes effect.
4. Your tafweez authority remains intact — you can still choose to divorce yourself at any time if you wish.

Important Advice

1. Do not play with the words of divorce. Even though your statement was not a divorce, it is a serious matter. The Prophet (ﷺ) said:

"The most hated permissible thing to Allah is divorce." (Sunan Abi Dawud 2178, Sahih al-Jami' 3054)

2. If your husband hits you, this is a serious issue. You should seek help from family, community leaders, or Islamic scholars. Physical abuse is not permissible in Islam.

3. If you have tafweez, use it wisely. It is a serious responsibility.

4. Consult a local scholar for your specific situation, as they can assess all details.

Final Answer

No, the divorce is not valid in this case. Your statement was a threat, not a conditional divorce. If your husband hits you again and you decide not to divorce, no divorce occurs. Your tafweez authority remains with you.

And Allah knows best.