Conditioning divorce on going to the sister's house
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, a man said to his wife, “You are divorced if you go to your sister’s house,” and he now wants to allow her to go. What should he do?
Answer:
He has no right to allow it if he has pronounced the divorce and she goes, she is divorced according to the majority of scholars, and he cannot take it back; he has no right to take it back. But if he said, “If you go to your sister’s house without my permission, you are divorced,” and then he gave her permission, there is no harm in giving her permission; he made his permission a condition, so he gave it, and there is no harm. However, if he said, “You went to your sister’s house from the start,” and did not say “today” or “tomorrow,” but rather pronounced the divorce, then whenever she goes to her sister’s house, she is divorced; because when the condition is fulfilled, the consequence follows.
He says: Honorable Shaykh, may Allah grant you success, a man said to his wife, “You are divorced if you go to your sister’s house,” and he now wants to allow her to go. What should he do?
Answer:
He has no right to allow it if he has pronounced the divorce and she goes, she is divorced according to the majority of scholars, and he cannot take it back; he has no right to take it back. But if he said, “If you go to your sister’s house without my permission, you are divorced,” and then he gave her permission, there is no harm in giving her permission; he made his permission a condition, so he gave it, and there is no harm. However, if he said, “You went to your sister’s house from the start,” and did not say “today” or “tomorrow,” but rather pronounced the divorce, then whenever she goes to her sister’s house, she is divorced; because when the condition is fulfilled, the consequence follows.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (21:14)
The Arabic text is a machine transcription of the audio recording.
