Oaths of Divorce
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The first question of fatwa number ( 13002 )
Q1: A man made his divorce conditional and said to his wife: “If you do not take the television out of the house by twelve o’clock, you are divorced.” The wife took the television out to the balcony—which is a window outside the house—and it was not under the roof of the house, but it is attached to it. Does the divorce take effect, and is it forbidden for him to sit with her?
A1: If the husband intended to effect the divorce of his wife if she did not take out the television, and she did not take it out, then one divorce takes effect, and he may take her back as long as she is in the waiting period, provided this is not the third divorce. If the husband intended to urge his wife and compel her to take out the television, and did not intend divorce, and she did not take out the television, then the ruling of that is the ruling of an oath; he must expiate the oath, and no divorce takes effect. The expiation is: feeding ten poor people, or clothing them, or freeing a believing slave. If he cannot find the means to do so, he must fast for three days.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: A man made his divorce conditional and said to his wife: “If you do not take the television out of the house by twelve o’clock, you are divorced.” The wife took the television out to the balcony—which is a window outside the house—and it was not under the roof of the house, but it is attached to it. Does the divorce take effect, and is it forbidden for him to sit with her?
A1: If the husband intended to effect the divorce of his wife if she did not take out the television, and she did not take it out, then one divorce takes effect, and he may take her back as long as she is in the waiting period, provided this is not the third divorce. If the husband intended to urge his wife and compel her to take out the television, and did not intend divorce, and she did not take out the television, then the ruling of that is the ruling of an oath; he must expiate the oath, and no divorce takes effect. The expiation is: feeding ten poor people, or clothing them, or freeing a believing slave. If he cannot find the means to do so, he must fast for three days.
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.