He said to his wife during a period of purity in which he had not had intercourse with her: "If you leave the house, you are divorced." So she left during a period of purity in which he had had intercourse with her!
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The questioner:
I ask Allah to have mercy on you. Your Eminence, the father, the questioner says: If a man says to his wife during a period of purity in which he has not had intercourse with her, "If you leave the house, you are divorced," and she leaves during a period of purity in which he has had intercourse with her, is this divorce sunni or bid'ah (religious innovation)?
The Shaykh:
This is a sunni method because he conditioned it on the period of purity. What is the question?
The questioner:
He says: If a man says to his wife during a period of purity in which he has not had intercourse with her, "If you leave the house, you are divorced," and she leaves during a period of purity in which he has had intercourse with her, is this divorce sunni or bid'ah?
The Shaykh:
That is, the act occurred during a period of purity in which he had intercourse with her, whereas the conditioning occurred during a period of purity in which he had not. The ruling is based on when the thing occurs. The ruling is based on the occurrence of the thing. So in this case, it is a bid'ah divorce. Yes.
The presenter:
May Allah reward you, Your Eminence, father.
The questioner:
The questioner says: A man divorced his wife.
The Shaykh:
If he said, "If you become pure and have intercourse with me, you are divorced," then he has conditioned it on a bid'ah divorce.
I ask Allah to have mercy on you. Your Eminence, the father, the questioner says: If a man says to his wife during a period of purity in which he has not had intercourse with her, "If you leave the house, you are divorced," and she leaves during a period of purity in which he has had intercourse with her, is this divorce sunni or bid'ah (religious innovation)?
The Shaykh:
This is a sunni method because he conditioned it on the period of purity. What is the question?
The questioner:
He says: If a man says to his wife during a period of purity in which he has not had intercourse with her, "If you leave the house, you are divorced," and she leaves during a period of purity in which he has had intercourse with her, is this divorce sunni or bid'ah?
The Shaykh:
That is, the act occurred during a period of purity in which he had intercourse with her, whereas the conditioning occurred during a period of purity in which he had not. The ruling is based on when the thing occurs. The ruling is based on the occurrence of the thing. So in this case, it is a bid'ah divorce. Yes.
The presenter:
May Allah reward you, Your Eminence, father.
The questioner:
The questioner says: A man divorced his wife.
The Shaykh:
If he said, "If you become pure and have intercourse with me, you are divorced," then he has conditioned it on a bid'ah divorce.
Source
قناة «العلامة الدكتور صالح الفوزان»، [2212- 4717] قال لزوجته في طهر لم يجامعها فيه: إن خرجت من الدار فأنت طالق، فخرجت في طهر جامعها فيه! — youtube.com
The Arabic text is a machine transcription of the audio recording.
