The ruling on a husband saying: “If you anger me, you are divorced” before consummation
Machine translationRead the Arabic original
The questioner:
A questioner says: A man contracted marriage with his wife but has not yet consummated it. He uttered words you will see: “If you anger me, you are divorced, divorced, divorced.” He did not intend divorce or the condition by this, and the wife did not hear him because she was in her father’s house, and no one else heard him. What is the ruling on her?
The Shaykh:
The divorce is upon him if he angers her and the anger occurs? If so, she is divorced. They say, “I did not intend to make it conditional,” but that is not correct. This is an explicit conditional divorce: “If you anger me, you are divorced.” She is divorced and becomes separated from him with one pronouncement, because it was before consummation. Divorce before consummation has no right of revocation; it is a final divorce, even if it is only one pronouncement. Yes.
The questioner:
May Allah reward you. He asks: Is there a difference between before and after consummation?
The Shaykh:
Yes, there is. If he divorces her before consummation, even with one pronouncement, she becomes separated from him and he has no right to take her back. However, if he divorces her with one pronouncement after consummation, she remains in a state where he can take her back as long as she is in the waiting period.
The presenter:
May Allah reward you.
A questioner says: A man contracted marriage with his wife but has not yet consummated it. He uttered words you will see: “If you anger me, you are divorced, divorced, divorced.” He did not intend divorce or the condition by this, and the wife did not hear him because she was in her father’s house, and no one else heard him. What is the ruling on her?
The Shaykh:
The divorce is upon him if he angers her and the anger occurs? If so, she is divorced. They say, “I did not intend to make it conditional,” but that is not correct. This is an explicit conditional divorce: “If you anger me, you are divorced.” She is divorced and becomes separated from him with one pronouncement, because it was before consummation. Divorce before consummation has no right of revocation; it is a final divorce, even if it is only one pronouncement. Yes.
The questioner:
May Allah reward you. He asks: Is there a difference between before and after consummation?
The Shaykh:
Yes, there is. If he divorces her before consummation, even with one pronouncement, she becomes separated from him and he has no right to take her back. However, if he divorces her with one pronouncement after consummation, she remains in a state where he can take her back as long as she is in the waiting period.
The presenter:
May Allah reward you.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/120 شرح زاد المستقنع/ صالح الفوزان — youtube.com (31:17)
The Arabic text is a machine transcription of the audio recording.
