The occurrence of explicit divorce without the husband's intention
Machine translationRead the Arabic original
Question:
Honorable Shaykh, a woman utters the words of divorce and her husband divorced her, but it was not in his intention to pronounce the divorce.
Answer:
Without a doubt, if he divorced her, the divorce has taken place. Had it not been for the explicit divorce, you have previously stated that explicit divorce does not require intention; if one utters it, it takes place, even if he says, "I am joking," or "I am playing," or "I did not mean it." That is not accepted from him because this is an explicit expression. Yes, it does not admit of any meaning other than divorce, so his interpretation of it as anything other than divorce is not accepted.
Honorable Shaykh, a woman utters the words of divorce and her husband divorced her, but it was not in his intention to pronounce the divorce.
Answer:
Without a doubt, if he divorced her, the divorce has taken place. Had it not been for the explicit divorce, you have previously stated that explicit divorce does not require intention; if one utters it, it takes place, even if he says, "I am joking," or "I am playing," or "I did not mean it." That is not accepted from him because this is an explicit expression. Yes, it does not admit of any meaning other than divorce, so his interpretation of it as anything other than divorce is not accepted.
Source
قناة «العلامة الدكتور صالح الفوزان»، 57 من 89|شرح العدة في شرح العمدة|كتاب الطلاق|باب تعليق الطلاق بالشروط|صالح الفوزان|الفقه — youtube.com (1:07:37)
The Arabic text is a machine transcription of the audio recording.
