Divorce of a man who assumed a woman was his wife because of a wrong he saw her commit
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a man sees a woman doing something wrong, such as uncovering her face in front of a man, and he assumes she is his wife, so he divorces her because of this act, and then it turns out she is not his wife, do we say that he has divorced his wife who is innocent?
Answer:
This is a divorce based on a cause. If it turns out the cause did not exist, she is not divorced; she is not divorced. This is different from the first case, where a man says to a woman he assumed was his wife, "You are divorced," and it turns out she is a stranger. That is not based on a cause; that is a definitive statement of "You are divorced." Yes.
He says: Honorable Shaykh, may Allah grant you success. If a man sees a woman doing something wrong, such as uncovering her face in front of a man, and he assumes she is his wife, so he divorces her because of this act, and then it turns out she is not his wife, do we say that he has divorced his wife who is innocent?
Answer:
This is a divorce based on a cause. If it turns out the cause did not exist, she is not divorced; she is not divorced. This is different from the first case, where a man says to a woman he assumed was his wife, "You are divorced," and it turns out she is a stranger. That is not based on a cause; that is a definitive statement of "You are divorced." Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 081-باب الشك في الطلاق - باب الرجعة - 16-2-25 هـ — archive.org (15:43)
The Arabic text is a machine transcription of the audio recording.
