A newly married young man’s statement: I have divorced out of fear of the evil eye
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A young man, twenty-two years old, recently married, was asked by a person, “How are you with marriage?” He feared the evil eye, so he said, “I have divorced,” intending to express his fear of the evil eye due to his young age, and also because he was ignorant of the ruling. Does his divorce take effect?
Answer:
If his intention was to inform and he is lying, then nothing takes effect on him. But if his intention was to enact it—“I have divorced” meaning he divorced her now—then it takes effect on him. If his intention was to inform and he did not do it, then nothing is required of him; this is between him and Allah. However, outwardly, he is bound by his words. If the matter is brought to a judge, he is bound by the apparent meaning of his words. Yes.
He says: Honorable Shaykh, may Allah grant you success. A young man, twenty-two years old, recently married, was asked by a person, “How are you with marriage?” He feared the evil eye, so he said, “I have divorced,” intending to express his fear of the evil eye due to his young age, and also because he was ignorant of the ruling. Does his divorce take effect?
Answer:
If his intention was to inform and he is lying, then nothing takes effect on him. But if his intention was to enact it—“I have divorced” meaning he divorced her now—then it takes effect on him. If his intention was to inform and he did not do it, then nothing is required of him; this is between him and Allah. However, outwardly, he is bound by his words. If the matter is brought to a judge, he is bound by the apparent meaning of his words. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:08:23)
The Arabic text is a machine transcription of the audio recording.
