Divorce Contingent on a Woman's Words: Is the Criterion Intention or the Wording?
Machine translationRead the Arabic original
Question:
May Allah reward you. This questioner says: What is the ruling on a man who says to his wife, "You are divorced if you speak to so-and-so," and his intention is to cut off the relationship between his wife and that woman because she is a woman of ill repute?
Answer:
We do not look at his intention; we look at his words. If he says, “You are divorced if you talk to so-and-so,” and she talks to her, she is divorced. We do not look at his intention; we look at his words. This is a divorce contingent on a condition, and when the condition is met, the consequence follows. We do not look at his intention. Yes.
May Allah reward you. This questioner says: What is the ruling on a man who says to his wife, "You are divorced if you speak to so-and-so," and his intention is to cut off the relationship between his wife and that woman because she is a woman of ill repute?
Answer:
We do not look at his intention; we look at his words. If he says, “You are divorced if you talk to so-and-so,” and she talks to her, she is divorced. We do not look at his intention; we look at his words. This is a divorce contingent on a condition, and when the condition is met, the consequence follows. We do not look at his intention. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/126 شرح زاد المستقنع/ صالح الفوزان — youtube.com (25:07)
The Arabic text is a machine transcription of the audio recording.