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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a man saying: “I divorce you,” with the intention of urging or preventing

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Question:
Honorable Shaykh, may Allah grant you success, if a person says, “I divorce you if you enter the house,” or something similar, with the intention of urging or preventing, does the divorce take effect, or is it an oath requiring expiation?

Answer:
If this question is about a real situation, the person involved must go to the Department of Ifta. If he is in Riyadh, or he should go to the judge at the court near him.
As for if it is a hypothetical question, a hypothetical question, then there is scholarly disagreement on whether it is an oath requiring expiation, or a conditional divorce that takes effect when the condition is met. If he conditioned it on not entering, and he did not enter, or conditioned it on entering, and the entry did not occur, the divorce takes effect. Yes, this returns to the question of whether this divorce is conditional and takes effect, or whether it is an oath requiring expiation. Yes, there is disagreement among the scholars.
Source شرح كتاب المنتقى من أخبار المصطفى صلى الله عليه وسلم، بداية من باب الرخصة في إعادة الجماعة وركعتي الطواف في كل وقت — islamhouse.com (1:01:49)

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

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