Conditioning divorce with the intention of preventing the wife from inheritance
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Question:
He says: Honorable Shaykh, may Allah grant you success, if a man says, “If I do not divorce you, then you are divorced,” and he intends to prevent her from inheriting, is he dealt with by the opposite of his intention? And is this compared to the case of illness?
Answer:
This applies in the case of a feared terminal illness, where his divorce is invalid and he does not prevent her from inheriting, because he is suspected of wrongdoing. However, if he says it while in good health, it takes effect. Yes.
He says: Honorable Shaykh, may Allah grant you success, if a man says, “If I do not divorce you, then you are divorced,” and he intends to prevent her from inheriting, is he dealt with by the opposite of his intention? And is this compared to the case of illness?
Answer:
This applies in the case of a feared terminal illness, where his divorce is invalid and he does not prevent her from inheriting, because he is suspected of wrongdoing. However, if he says it while in good health, it takes effect. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 086 من 123 / شرح كتاب زاد المستقنع / الطلاق / الطلاق قي الماضي والمستقبل / صالح الفوزان / الفقه — youtube.com (1:02:59)
The Arabic text is a machine transcription of the audio recording.