Divorce conditional on leaving, followed by permission to leave
Machine translationRead the Arabic original
Question:
Likewise, if a man says to his wife, “If you leave, you are divorced,” and then shortly after, her husband says to her, “I have given you permission to leave, so go out,”
Answer:
he did not say, “If you leave without permission, you are divorced,” and then gave her permission. That is valid; if he gave permission, the divorce does not take place. But if he said, “If you leave, you are divorced,” then she is divorced by leaving, even if he gave her permission; because he did not condition it on permission, but rather on leaving. Yes.
Likewise, if a man says to his wife, “If you leave, you are divorced,” and then shortly after, her husband says to her, “I have given you permission to leave, so go out,”
Answer:
he did not say, “If you leave without permission, you are divorced,” and then gave her permission. That is valid; if he gave permission, the divorce does not take place. But if he said, “If you leave, you are divorced,” then she is divorced by leaving, even if he gave her permission; because he did not condition it on permission, but rather on leaving. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 086 من 123 / شرح كتاب زاد المستقنع / الطلاق / الطلاق قي الماضي والمستقبل / صالح الفوزان / الفقه — youtube.com (1:04:39)
The Arabic text is a machine transcription of the audio recording.