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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who conditions his divorce on a condition

Machine translationRead the Arabic original
Question:
A man swore that he would not sit with a certain person, but one day he went to him. What is the ruling in that case?

Answer:
If a man says, “I will not sit with so-and-so,” or “I will not speak to so-and-so,” he is in one of two situations. One is that he intends to restrain himself and does not intend to effect the divorce. If he intends to restrain himself from this thing and binds himself with a divorce, without intending to effect the divorce upon his wife, but only wanting to prevent himself from sitting or speaking, then this is a valid oath to be preserved, according to the correct opinion. He owes the expiation for the oath, and the divorce does not take place.
As for if he intended the effect of the prayer, or if he intended that if he sits with him his wife is divorced, or if he speaks to him his wife is divorced, then whenever he speaks to him, the divorce takes place by the oath, because it is a divorce conditioned on a condition. For example, if he says, “If Ramadan enters, my wife is divorced,” or he says, “If it rains, my wife is divorced,” or he says, “If I try, my wife is divorced,” or the like of that.
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، حكم من علق طلاقه على شرط 0 - بن باز - مشروع كبار العلماء — youtube.com

The Arabic text is a machine transcription of the audio recording.

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