Divorce Conditional on a Condition
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Fatwa No. ( 715 )
Q: His wife’s daughter took a watch, so he said to his wife: “You are divorced if you do not hand me the watch.” She said: “Let me hear what you are saying.” He said to her: “By the number of locusts.” When the inquirer came to the Committee, he mentioned that the watch was returned to him in the afternoon of the day he pronounced the divorce, and that his wife did not return it herself; rather, it was returned to him as he stated. He also mentioned that when he swore by divorce regarding the return of the watch, he did not intend for it to be returned at the time of the divorce, but only wanted it returned. Furthermore, he did not intend that only his wife should be the one to return it, but rather he wanted the watch returned whether by his wife or by someone else. He asks what is the consequence for him?
A: If the matter is as the questioner stated, namely that the watch, regarding which he swore by divorcing his wife that she would return it to him, was indeed returned to him, and that he did not intend for it to be returned at a specific time, nor that only his wife should return it to him, then the questioner is not considered to have broken his oath. Consequently, none of the aforementioned divorce takes effect.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: His wife’s daughter took a watch, so he said to his wife: “You are divorced if you do not hand me the watch.” She said: “Let me hear what you are saying.” He said to her: “By the number of locusts.” When the inquirer came to the Committee, he mentioned that the watch was returned to him in the afternoon of the day he pronounced the divorce, and that his wife did not return it herself; rather, it was returned to him as he stated. He also mentioned that when he swore by divorce regarding the return of the watch, he did not intend for it to be returned at the time of the divorce, but only wanted it returned. Furthermore, he did not intend that only his wife should be the one to return it, but rather he wanted the watch returned whether by his wife or by someone else. He asks what is the consequence for him?
A: If the matter is as the questioner stated, namely that the watch, regarding which he swore by divorcing his wife that she would return it to him, was indeed returned to him, and that he did not intend for it to be returned at a specific time, nor that only his wife should return it to him, then the questioner is not considered to have broken his oath. Consequently, none of the aforementioned divorce takes effect.
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.