The ruling on informing a wife of a divorce that is conditional upon a specific condition
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The Shaykh : Yes.
The questioner : May Allah do you good.
The Shaykh : Yes.
The questioner : And it is clear to everyone.
The Shaykh : Welcome. May Allah keep you safe.
The questioner : This is a phone call from one of the brothers. A man learned that his wife smokes cigarettes, so he said to her, "If you smoke, you are divorced." After a while, she smoked. Her sister found out, but he did not. Her sister asks: Should I inform my brother that she smoked, or should I write the matter down?
The Shaykh : Good. The answer is that one must consider the circumstances of the spouses. If it is only a matter of following whether my sister can or cannot?
The questioner : She will present it, if Allah wills. If Allah wills, she is our brother's daughter, meaning.
The Shaykh : I am saying. Excellent. First, if it is in the husband's interest to be informed, then he must be informed. Not to cause the oath or the divorce to take effect, but because his interest requires it. Because when his sister informs him, we do not see, as you know, that the divorce will take effect, because this is an oath of divorce, not a divorce. The only thing is that an expiation for an oath falls upon him.
The questioner : Yes, and if he looks into himself, he sees.
The Shaykh : I will tell you, this story is very clear that he does not want to divorce her; he wants to prevent her. He wants to prevent her from smoking. So we say that actions are by intentions, but I can assess that it is, meaning, a threat.
The questioner : It is very long, meaning.
The Shaykh : And yes, and it is a deterrent from smoking, and it does not mean at all that if she defies him and returns to smoking that he actually separates from her. Yes, but there is a possibility that it is, what is it? Separation from her. Yes. In that case, if this second intention exists and his sister informed him that she smoked, we do not say that the divorce took effect immediately upon the news being delivered. Rather, the execution of this divorce remains contingent upon the presentation of witnesses. And the presentation of witnesses has a great secret in it, because it confirms that he is determined to divorce. Do you see how? This is what I mean as my answer to this question.
The questioner : Yes, it is clear.
The Shaykh : Yes.
The questioner : I warn him, meaning.
The Shaykh : She informs him, fire.
The questioner : So that he may reform her, and based on what has preceded, testimony regarding the occurrence of the divorce is a condition for its validity.
The Shaykh : If he intends the divorce, the second possibility which I consider unlikely. If he does not intend the divorce but intends to threaten her, it comes out to you as an oath,
The questioner : Meaning, now a man said to his wife, "You, so-and-so, are divorced."
The Shaykh : All the conditions of the Sunnah divorce were met.
The questioner : But without the two testimonies.
The Shaykh : You want to say you are like this, so this divorce is suspended between the sky and the earth, its execution is by the days of the witnesses,
The questioner : Like the marriage.
The Shaykh : A little clinic.
The questioner : People. O son of 'Amir, O Allah, what He willed.
The Shaykh : O police, this is from the Sunnah of divorce.
The questioner : It is harsh from the analogy, he should be gentle, so he said it is from the etiquettes. The name of the book is "Al-Istiansa fi Adab al-Nikah" or something like that, "Al-Istiansa fi Tashih al-Nikah," yes.
The Shaykh : Like how.
The questioner : He brings this and says
The questioner : May Allah do you good.
The Shaykh : Yes.
The questioner : And it is clear to everyone.
The Shaykh : Welcome. May Allah keep you safe.
The questioner : This is a phone call from one of the brothers. A man learned that his wife smokes cigarettes, so he said to her, "If you smoke, you are divorced." After a while, she smoked. Her sister found out, but he did not. Her sister asks: Should I inform my brother that she smoked, or should I write the matter down?
The Shaykh : Good. The answer is that one must consider the circumstances of the spouses. If it is only a matter of following whether my sister can or cannot?
The questioner : She will present it, if Allah wills. If Allah wills, she is our brother's daughter, meaning.
The Shaykh : I am saying. Excellent. First, if it is in the husband's interest to be informed, then he must be informed. Not to cause the oath or the divorce to take effect, but because his interest requires it. Because when his sister informs him, we do not see, as you know, that the divorce will take effect, because this is an oath of divorce, not a divorce. The only thing is that an expiation for an oath falls upon him.
The questioner : Yes, and if he looks into himself, he sees.
The Shaykh : I will tell you, this story is very clear that he does not want to divorce her; he wants to prevent her. He wants to prevent her from smoking. So we say that actions are by intentions, but I can assess that it is, meaning, a threat.
The questioner : It is very long, meaning.
The Shaykh : And yes, and it is a deterrent from smoking, and it does not mean at all that if she defies him and returns to smoking that he actually separates from her. Yes, but there is a possibility that it is, what is it? Separation from her. Yes. In that case, if this second intention exists and his sister informed him that she smoked, we do not say that the divorce took effect immediately upon the news being delivered. Rather, the execution of this divorce remains contingent upon the presentation of witnesses. And the presentation of witnesses has a great secret in it, because it confirms that he is determined to divorce. Do you see how? This is what I mean as my answer to this question.
The questioner : Yes, it is clear.
The Shaykh : Yes.
The questioner : I warn him, meaning.
The Shaykh : She informs him, fire.
The questioner : So that he may reform her, and based on what has preceded, testimony regarding the occurrence of the divorce is a condition for its validity.
The Shaykh : If he intends the divorce, the second possibility which I consider unlikely. If he does not intend the divorce but intends to threaten her, it comes out to you as an oath,
The questioner : Meaning, now a man said to his wife, "You, so-and-so, are divorced."
The Shaykh : All the conditions of the Sunnah divorce were met.
The questioner : But without the two testimonies.
The Shaykh : You want to say you are like this, so this divorce is suspended between the sky and the earth, its execution is by the days of the witnesses,
The questioner : Like the marriage.
The Shaykh : A little clinic.
The questioner : People. O son of 'Amir, O Allah, what He willed.
The Shaykh : O police, this is from the Sunnah of divorce.
The questioner : It is harsh from the analogy, he should be gentle, so he said it is from the etiquettes. The name of the book is "Al-Istiansa fi Adab al-Nikah" or something like that, "Al-Istiansa fi Tashih al-Nikah," yes.
The Shaykh : Like how.
The questioner : He brings this and says
Source
سلسلة الهدى والنور، المجلس 1275 — d3watuna.com (10:35)
The Arabic text is a machine transcription of the audio recording.