What is the ruling on a divorce conditional on a condition without witnesses?

The questioner : Peace be upon you and Allah’s mercy. And upon you be peace and Allah’s mercy and blessings. How are you, Shaykh? Praise be to Allah, I am well. Your health? How are you? I am well, praise be to Allah. With you is Fawwaz, returning from America. Welcome, Fawwaz. How are you? Praise be to Allah. How is your health, may you be well? Praise be to Allah, I hope that I and you are well. May Allah accept that. I say, I have a question for you, Shaykh. Just one question. Perhaps the question now, if Allah wills, every day we will gather questions for you, if Allah wills, we are in contact, by the permission of Allah. Zayd, Zayd, may Allah increase you in Fawwaz. If Allah wills, we ask Allah for that. So, what is the question? The question says: A man divorced his wife with the first revocable divorce, he conditioned something upon her, then

The Shaykh : What? He conditioned something upon her? Yes, he said, if you do such and such. Yes. If you do not do such and such, then you are divorced. Yes. Take a good omen. But he did not have two just witnesses witness her divorce. Yes.

The questioner : So, did the divorce take place or not?

The Shaykh : First, we hold that a divorce that is not witnessed is a divorce that has not taken place, meaning it is suspended until it is witnessed. Second, this divorce, even if it were witnessed, is called a divorce conditional on a condition, as you mentioned, and not every divorce conditional on a condition takes place even if the condition is fulfilled, because one should look at the intention behind conditioning that condition. If he means to effect the divorce upon the fulfillment of the condition, then the divorce has taken place along with the other conditions. And if he does not mean for the divorce to take place even if the condition is fulfilled, then in that case the divorce does not take place. I will give you two examples now, one where the divorce conditional on a condition takes place, and the other, conversely, does not take place. If a man saw something suspicious from his wife, such as a strange man entering upon her, or she entering a strange man’s house, and he doubted her chastity and modesty, and he said to her, if I see you again in this situation, then you are divorced, then it is clear here that this husband means what he says because he doubted her chastity. As for the second scenario, for example, she went without his permission to visit her mother or father or one of her relatives, and he had sworn an oath or divorced her with the suspended condition, and the condition was fulfilled, but he did not intend by this condition to effect the conditioned thing, which is the divorce, but rather he meant by it to prevent her from disobeying him. In this case, this divorce does not take place, even if the condition is fulfilled, because actions are by intentions, and this type of divorce is in the position of an oath, and upon him is the expiation of the oath. Did I make the difference clear to you? Yes, you did well. But the one who divorced in the first divorce intended the divorce, but he did not have witnesses. I answered you, may Allah bless you. All this talk is from the extra knowledge, it is not something you asked about and I answered you. As for the first one, I answered you, yes, it is necessary that the intention be realized, then the conditions. Come on, yes.

The questioner : And if one of them is lacking, it does not take place. And he owes the expiation for an oath?

The Shaykh : Yes, if it is of the other type where he intended to prevent her.

The questioner : If he intended for the divorce to take place and did not have it witnessed, does he owe the expiation for an oath?

The Shaykh : No, no, because this is as if he said to her, you are divorced, and then did not have witnesses, so there is nothing upon you. And nothing.

The questioner : Yes, yes. As for the divorce that takes place, does the bid'ah divorce take place, Shaykh?

The Shaykh : There is a great disagreement, and what we hold is that it takes place despite its being forbidden. Yes. Its owner sins, but it takes place if its conditions are fulfilled. Yes, yes. Yes, you did well, may Allah reward you with good, O Shaykh. And you. If Allah wills, we are in contact from now on. May Allah bless you, may Allah reward you with good. And you. Abu Layla has me, he sends his greetings to you.

The questioner : Who is he?

The Shaykh : Abu Layla.

The questioner : Peace be upon you and upon him. How is Shaykh Ali?

The Shaykh : Abu Ahmad, and also Shaykh Ali sends his greetings to you, and both of them are with me.

The questioner : Do you have them now? Can I speak to them? May Allah bless you.

The Shaykh : And he is present, sir.

The questioner : May Allah keep you safe. Peace be upon you. And upon you be peace, and the mercy of Allah and His blessings. How are you, Abu Layla? May Allah bless you. We have asked for you, by Allah. How is your health? Praise be to Allah, I am well. At work, may you be well. Praise be to Allah, by the grace of Allah the Mighty and Majestic. Praise be to Allah. Praise be to Allah. Even if we come out to you, this brother Ali too. Welcome, my brother, may Allah bless you. The brothers there. Can I speak to the second one? Come on. Peace be upon you and the mercy of Allah. And upon you be peace, and the mercy of Allah and His blessings. How are you, Shaykh Ali? Welcome, my brother Fawzi, how are you? How are you all? May Allah bless you. Praise be to Allah, by Allah, I am well, from Allah, praise be to Allah. Is there something new that has been issued? New books for you or for the Shaykh.

The Shaykh : Oh, brother, the matter.