He said, “If my wife gives birth to a female, I will divorce her”
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Fatwa No. ( 1898 )
Q: What is the ruling ifa man says: "If my wife gives birth to a girl, I will divorce her," or says: "I will expel her from my house," intending by this divorce, and if she gives birth to a boy, I will not divorce her? Does the divorce take effect if she gives birth to a girlor does the divorce not take effect unless he divorces her after the birth? Please inform us.
A: If the situation is as described in the wording of the question, it is a promise by the husband to divorce, not a divorce. Accordingly, the divorce does not take effect
merely upon the birth of a female by his wife. Rather, it depends on his carrying out his promise to divorce her by words or by expelling her from his house with the intention of divorce after her birth. However, it is not befitting for the husband to utter such a statement, for it is Allah the Exalted who grants offspring, whether male or female, and that is not up to him or his wife, as is known from the religion of Islam by necessity. And Allah the Exalted said:[Ash-Shuraa 42:49-50] And because this statement resembles the practice of the pre-Islamic age of ignorance in hating females, and it is not befitting for a Muslim to imitate the practice of the pre-Islamic age of ignorance. How many women in this world are better than a man. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: What is the ruling ifa man says: "If my wife gives birth to a girl, I will divorce her," or says: "I will expel her from my house," intending by this divorce, and if she gives birth to a boy, I will not divorce her? Does the divorce take effect if she gives birth to a girlor does the divorce not take effect unless he divorces her after the birth? Please inform us.
A: If the situation is as described in the wording of the question, it is a promise by the husband to divorce, not a divorce. Accordingly, the divorce does not take effect
merely upon the birth of a female by his wife. Rather, it depends on his carrying out his promise to divorce her by words or by expelling her from his house with the intention of divorce after her birth. However, it is not befitting for the husband to utter such a statement, for it is Allah the Exalted who grants offspring, whether male or female, and that is not up to him or his wife, as is known from the religion of Islam by necessity. And Allah the Exalted said:
(49) To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males. (50) Or He makes them [both] males and females, and He renders whom He wills barren. Indeed, He is Knowing and Competent.
لِلَّهِ مُلْكُ السَّمَاوَاتِ وَالأَرْضِ يَخْلُقُ مَا يَشَاءُ يَهَبُ لِمَنْ يَشَاءُ إِنَاثًا وَيَهَبُ لِمَنْ يَشَاءُ الذُّكُورَ (49) أَوْ يُزَوِّجُهُمْ ذُكْرَانًا وَإِنَاثًا وَيَجْعَلُ مَنْ يَشَاءُ عَقِيمًا إِنَّهُ عَلِيمٌ قَدِيرٌ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.