Divorce Contingent on Closing the Opening of a Garment
Machine translationRead the Arabic original
The questioner:
This questioner says: I was once driving in my car, and my mind suggested divorce to me, so I said, "I divorce you if I do not close the opening in the garment before the oncoming car passes." The car passed before I did so. Did the divorce take effect? I note that this was a whisper from Satan in a brief moment without sincere intention.
The Shaykh:
And if I said, "I divorce you."
The questioner:
I said, "I divorce you if I do not close the opening in the garment before the oncoming car passes."
The Shaykh:
Okay.
The questioner:
His garment or his wife's garment, if I do not close the opening in the garment before the oncoming car passes. The car passed before I did so. Did the divorce take effect? I note that this was a whisper from Satan in a brief moment without sincere intention. If the divorce took effect a year ago, does she return to me or not? If the divorce took effect, do I take her back between us and reconcile with her, or not? I said afterward, "O Allah, I testify to Allah and His angels that I have taken her back if the divorce has taken effect." Please advise us on this, may Allah reward you with good.
The Shaykh:
If your intention in the divorce was that if the opening is not closed, the divorce takes effect, then the divorce has taken effect, one divorce. There is a taking back during the waiting period.
As for if your intention was to emphasize to yourself, to stress to yourself that you will close the opening, and you did not intend to effect the divorce, but your intention was to stress to yourself and oblige yourself to close the opening, and you did not have in your mind effecting the divorce on your family, but your intention was to stress to yourself and emphasize it so that you close the opening, then this is upon you the expiation of an oath, and the divorce does not take effect. The expiation of an oath is upon you: feeding ten poor people or clothing ten poor people. This is what is required. This is foolishness in speech, divorcing over the opening of a garment. This is nonsense, it is a sign of Satan. We ask Allah for safety.
The result is that it depends on intentions. This is a matter of intentions. If your intention from this was to emphasize to yourself that you will close the opening, and it was not in your heart or your intention to effect the divorce on your family, then this did not happen. The expiation of an oath suffices: feeding ten poor people or clothing ten poor people, or twenty, or they eat a meal, or each one is given half a sa' of dates or of barley. This is the obligatory. Yes, may Allah send blessings upon Muhammad.
The presenter:
May Allah reward you with good,
This questioner says: I was once driving in my car, and my mind suggested divorce to me, so I said, "I divorce you if I do not close the opening in the garment before the oncoming car passes." The car passed before I did so. Did the divorce take effect? I note that this was a whisper from Satan in a brief moment without sincere intention.
The Shaykh:
And if I said, "I divorce you."
The questioner:
I said, "I divorce you if I do not close the opening in the garment before the oncoming car passes."
The Shaykh:
Okay.
The questioner:
His garment or his wife's garment, if I do not close the opening in the garment before the oncoming car passes. The car passed before I did so. Did the divorce take effect? I note that this was a whisper from Satan in a brief moment without sincere intention. If the divorce took effect a year ago, does she return to me or not? If the divorce took effect, do I take her back between us and reconcile with her, or not? I said afterward, "O Allah, I testify to Allah and His angels that I have taken her back if the divorce has taken effect." Please advise us on this, may Allah reward you with good.
The Shaykh:
If your intention in the divorce was that if the opening is not closed, the divorce takes effect, then the divorce has taken effect, one divorce. There is a taking back during the waiting period.
As for if your intention was to emphasize to yourself, to stress to yourself that you will close the opening, and you did not intend to effect the divorce, but your intention was to stress to yourself and oblige yourself to close the opening, and you did not have in your mind effecting the divorce on your family, but your intention was to stress to yourself and emphasize it so that you close the opening, then this is upon you the expiation of an oath, and the divorce does not take effect. The expiation of an oath is upon you: feeding ten poor people or clothing ten poor people. This is what is required. This is foolishness in speech, divorcing over the opening of a garment. This is nonsense, it is a sign of Satan. We ask Allah for safety.
The result is that it depends on intentions. This is a matter of intentions. If your intention from this was to emphasize to yourself that you will close the opening, and it was not in your heart or your intention to effect the divorce on your family, then this did not happen. The expiation of an oath suffices: feeding ten poor people or clothing ten poor people, or twenty, or they eat a meal, or each one is given half a sa' of dates or of barley. This is the obligatory. Yes, may Allah send blessings upon Muhammad.
The presenter:
May Allah reward you with good,
Source
فتاوى الحج 1410 هـ - 7 (2) — archive.org (42:15)
The Arabic text is a machine transcription of the audio recording.