Making the divorce of his wife conditional on the divorce of his sister by his sister
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Fatwa number ( 684 )
Q: I married my cousin’s daughter seven years ago, and my sister was with my cousin’s son. A dispute arose between us, then I said: If so-and-so divorces my sister so-and-so and agrees to let his daughters stay with her, then after she completes her waiting period, you are divorced three times — I mean: my wife. My cousin refused to divorce her, and I considered that the conditions I had stipulated were not met, and I remained with my wife. However, some of the brothers told me that I am sinful and that my wife was divorced from the time of that earlier statement. I ask you to issue a ruling for me.
A: If the matter is as you described, that you made your wife’s divorce conditional on your cousin divorcing your sister, his agreeing to let his daughters stay with her, and the completion of her waiting period, and that these things did not occur — then you have not broken your oath regarding the divorce, and your wife is still under your protection. It is lawful for you to treat her as a husband treats his wife, as long as the conditions upon which you made the divorce conditional have not been met.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married my cousin’s daughter seven years ago, and my sister was with my cousin’s son. A dispute arose between us, then I said: If so-and-so divorces my sister so-and-so and agrees to let his daughters stay with her, then after she completes her waiting period, you are divorced three times — I mean: my wife. My cousin refused to divorce her, and I considered that the conditions I had stipulated were not met, and I remained with my wife. However, some of the brothers told me that I am sinful and that my wife was divorced from the time of that earlier statement. I ask you to issue a ruling for me.
A: If the matter is as you described, that you made your wife’s divorce conditional on your cousin divorcing your sister, his agreeing to let his daughters stay with her, and the completion of her waiting period, and that these things did not occur — then you have not broken your oath regarding the divorce, and your wife is still under your protection. It is lawful for you to treat her as a husband treats his wife, as long as the conditions upon which you made the divorce conditional have not been met.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.