Conditioning Divorce on a Pure Condition
Machine translationRead the Arabic original
The second question of Fatwa No. ( 1644 )
Q2: What is the ruling of the Shari'ah regarding a man who says to his wife: "If menstruation comes to you and then you become pure, you are divorced," and he actually intended the divorce, but then he realized before the end of menstruation that he wanted to keep her? Does this count as a divorce or not? And does it count as a divorce if he did not realize he wanted to keep her until after the purity on which the divorce was conditioned?
A2: This is a divorce conditioned on a pure condition, with no intention of encouraging or preventing, so the divorce takes effect upon the occurrence of the condition, which is purity after menstruation, and his revocation of this condition after it has occurred from him is not valid. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: What is the ruling of the Shari'ah regarding a man who says to his wife: "If menstruation comes to you and then you become pure, you are divorced," and he actually intended the divorce, but then he realized before the end of menstruation that he wanted to keep her? Does this count as a divorce or not? And does it count as a divorce if he did not realize he wanted to keep her until after the purity on which the divorce was conditioned?
A2: This is a divorce conditioned on a pure condition, with no intention of encouraging or preventing, so the divorce takes effect upon the occurrence of the condition, which is purity after menstruation, and his revocation of this condition after it has occurred from him is not valid. 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.