Concealing the condition of divorce without uttering it
Machine translationRead the Arabic original
Question:
This questioner says: I hope you will re-explain. And if one intends the explanation but does not speak it.
Answer:
It is clear. If he says, "You are divorced," and then says, "I intended that if I wore this garment or went out of this door, I would make it conditional," we say: the condition is not accepted from him, and the divorce takes effect immediately, because it was not settled by a condition. We do not rule based on the inner intention except by what is apparent. The apparent reality is that it is immediate; the apparent nature of the divorce is that it is immediate. He claims he made it conditional based on an intention he had, but we do not act upon that. We do not act upon his intention. Yes.
This questioner says: I hope you will re-explain. And if one intends the explanation but does not speak it.
Answer:
It is clear. If he says, "You are divorced," and then says, "I intended that if I wore this garment or went out of this door, I would make it conditional," we say: the condition is not accepted from him, and the divorce takes effect immediately, because it was not settled by a condition. We do not rule based on the inner intention except by what is apparent. The apparent reality is that it is immediate; the apparent nature of the divorce is that it is immediate. He claims he made it conditional based on an intention he had, but we do not act upon that. We do not act upon his intention. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/119 شرح زاد المستقنع/ صالح الفوزان — youtube.com (30:36)
The Arabic text is a machine transcription of the audio recording.