Divorce conditional on going to her parents' home with the intent of threatening
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. If a man says to his wife, "If you go to your parents' home, you are divorced," and then she goes to her parents' home, and the husband says, "My intention was only to threaten," does the divorce take effect?
Answer:
We do not accept his statement that if she goes, the divorce takes effect, nor his statement that his intention was only to threaten. We say: The condition has occurred. You made the divorce conditional, and it was explicit; you tied it to a specific event, and that event occurred. Your interpretation and claim that you intended such and such are of no concern to us. Yes.
He says: Honorable Shaykh, may Allah grant you success. If a man says to his wife, "If you go to your parents' home, you are divorced," and then she goes to her parents' home, and the husband says, "My intention was only to threaten," does the divorce take effect?
Answer:
We do not accept his statement that if she goes, the divorce takes effect, nor his statement that his intention was only to threaten. We say: The condition has occurred. You made the divorce conditional, and it was explicit; you tied it to a specific event, and that event occurred. Your interpretation and claim that you intended such and such are of no concern to us. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٧-كتاب الطلاق - ١٨-١-٢٥ هـ — archive.org (1:18:56)
The Arabic text is a machine transcription of the audio recording.