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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Taking the Opinion of Shaykh al-Islam on the Statement “You Are the Divorce”

Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if a man says to his wife, “You are the divorce,” should he be given a ruling based on the opinion of Shaykh al-Islam (may Allah have mercy on him) that it counts as one divorce, in order to make things easier for people, and because the Shari'ah seeks to preserve the family?

The Shaykh:
We look to the evidence; we do not look to the words of so-and-so. We look to whoever has the evidence. So, whose position is supported by the evidence, we adopt, whether it is Shaykh al-Islam or someone else. And whoever is contrary to the evidence in his independent reasoning and opinion, we do not accept. Yes.

The questioner:
He says: Honorable Shaykh.

The Shaykh:
That this is more lenient for people. The important thing is the evidence. The important thing is the evidence. What is more lenient for people is following the evidence if the evidence becomes clear. But if the issue is a matter of independent reasoning and no evidence becomes clear, then here one may choose the stronger position. Yes.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (8:02)

The Arabic text is a machine transcription of the audio recording.

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