The Status of the Divorced Man and Woman and the Ruling on Dropping a Condition
Machine translationRead the Arabic original
The Shaykh:
'Umar (may Allah be pleased with him) said: If one says that he will uphold the conditions, then if he conditions upon her, or if he is conditioned upon not traveling with her, or that he will ransom her from her homeland, or that she will remain in a specific house, then his condition is valid. If he sees that she is violating it, there is no harm. And if you continue to leave off the condition and descend from it, there is no harm in that and no blame.
The questioner:
Is the divorced man or the divorced woman considered to have been married? Is the divorced man or the divorced woman considered to have been married?
The Shaykh:
If he marries and enters with the woman and then divorces her, both of them become "ahsan" (having been married). If he marries and enters with the woman, he becomes "ahsan," and she becomes "ahsanah." If each of them commits zina (unlawful sexual intercourse) after that, they are stoned to death. We ask Allah for safety.
Another questioner:
The condition mentioned a moment ago says to you that it is possible to be lenient regarding travel.
The Shaykh:
If he says, for example,
Another questioner:
I am listening, Shaykh. Then he got angry and said he kept demanding the condition. By Allah,
The Shaykh:
If he forgives, he drops it; it is dropped and does not come back.
Another questioner:
By Allah, it is a right.
The Shaykh:
Do not rush, and he rushed.
Another questioner:
Muhammad. May Allah welcome you. Yes.
The Shaykh:
Unless they say in it, "only in this state," then it is a restricted forgiveness. Is this specific trip? Yes. Yes.
'Umar (may Allah be pleased with him) said: If one says that he will uphold the conditions, then if he conditions upon her, or if he is conditioned upon not traveling with her, or that he will ransom her from her homeland, or that she will remain in a specific house, then his condition is valid. If he sees that she is violating it, there is no harm. And if you continue to leave off the condition and descend from it, there is no harm in that and no blame.
The questioner:
Is the divorced man or the divorced woman considered to have been married? Is the divorced man or the divorced woman considered to have been married?
The Shaykh:
If he marries and enters with the woman and then divorces her, both of them become "ahsan" (having been married). If he marries and enters with the woman, he becomes "ahsan," and she becomes "ahsanah." If each of them commits zina (unlawful sexual intercourse) after that, they are stoned to death. We ask Allah for safety.
Another questioner:
The condition mentioned a moment ago says to you that it is possible to be lenient regarding travel.
The Shaykh:
If he says, for example,
Another questioner:
I am listening, Shaykh. Then he got angry and said he kept demanding the condition. By Allah,
The Shaykh:
If he forgives, he drops it; it is dropped and does not come back.
Another questioner:
By Allah, it is a right.
The Shaykh:
Do not rush, and he rushed.
Another questioner:
Muhammad. May Allah welcome you. Yes.
The Shaykh:
Unless they say in it, "only in this state," then it is a restricted forgiveness. Is this specific trip? Yes. Yes.
Source
ندوات الجامع الكبير مع الأسئلة - 32 — archive.org
The Arabic text is a machine transcription of the audio recording.