The Difference Between Swearing an Oath by Divorce and Conditioning Divorce
Machine translationRead the Arabic original
Question:
He asks: What is the difference between swearing an oath by divorce and conditioning divorce, and is it permissible for the husband, if either of these occurs from him, to cancel them?
Answer:
No, if he utters the divorce, he has no right to cancel it. Conditioning divorce and swearing an oath by divorce are the same. However, if he intends by conditioning divorce to urge someone to do something or to prevent them from doing something, this is considered swearing an oath by divorce. But if he does not intend to urge anyone to do anything or prevent them from doing anything, then it is a mere conditioning. Yes.
He asks: What is the difference between swearing an oath by divorce and conditioning divorce, and is it permissible for the husband, if either of these occurs from him, to cancel them?
Answer:
No, if he utters the divorce, he has no right to cancel it. Conditioning divorce and swearing an oath by divorce are the same. However, if he intends by conditioning divorce to urge someone to do something or to prevent them from doing something, this is considered swearing an oath by divorce. But if he does not intend to urge anyone to do anything or prevent them from doing anything, then it is a mere conditioning. Yes.
Source
نور على الدرب - الفوزان - 03/133 — archive.org (18:00)
The Arabic text is a machine transcription of the audio recording.
