The author's statement: "Do you have a wife?" He said, "No," and intended to lie.
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, regarding the author's statement (may Allah have mercy on him): If he is asked, "Do you have a wife?" and he says, "No," and intends to lie, then no, did you say or did we understand that the divorce takes effect? The author's statement "no" is confusing to me, even though Shaykh al-Balawi explained it, saying that if he intended to lie, he did not intend divorce, and if he did not intend it, it does not take effect. So what is your guidance? May Allah grant you success.
Answer:
Yes, if he is asked, "Do you have a wife?" and he says, "No," the apparent meaning is that he has divorced her; the apparent meaning is that he has no wife, and the one who has divorced his wife has no wife. This is the apparent meaning of his words. As for his interpreting it differently afterward, one must look at his interpretation to see if it is valid or not. But we say the apparent meaning of the wording is such; this is the apparent meaning of the wording. His claiming something contrary to the apparent meaning requires consideration. Yes.
He says: Honorable Shaykh, may Allah grant you success, regarding the author's statement (may Allah have mercy on him): If he is asked, "Do you have a wife?" and he says, "No," and intends to lie, then no, did you say or did we understand that the divorce takes effect? The author's statement "no" is confusing to me, even though Shaykh al-Balawi explained it, saying that if he intended to lie, he did not intend divorce, and if he did not intend it, it does not take effect. So what is your guidance? May Allah grant you success.
Answer:
Yes, if he is asked, "Do you have a wife?" and he says, "No," the apparent meaning is that he has divorced her; the apparent meaning is that he has no wife, and the one who has divorced his wife has no wife. This is the apparent meaning of his words. As for his interpreting it differently afterward, one must look at his interpretation to see if it is valid or not. But we say the apparent meaning of the wording is such; this is the apparent meaning of the wording. His claiming something contrary to the apparent meaning requires consideration. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:04:46)
The Arabic text is a machine transcription of the audio recording.
