The ruling on a man who divorces his wife after she stipulated that he not marry another
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The questioner : It is not permissible for him to fulfill her condition and say, “The matter is settled,” because what is reported applies to her, and we say he intends to give her the choice between divorce and…
The Shaykh : Yes, that is known.
The questioner : I mean, someone says to you, “It’s a story.”
The Shaykh : If he did not give her the choice, for example, if the man is determined to marry this new woman and knows that this is not a waiver of his right, and he divorces her, well, essentially, this is giving her the choice between something he owns, which is divorce. Yes.
The questioner : Yes, if she stipulated something.
The Shaykh : Absolutely, there is no sin on him, because a person’s mind may change. Suppose he saw a woman and was unable to restrain himself from her, or she was mentioned to him and he was unable to restrain himself, or something similar.
The Shaykh : Yes, that is known.
The questioner : I mean, someone says to you, “It’s a story.”
The Shaykh : If he did not give her the choice, for example, if the man is determined to marry this new woman and knows that this is not a waiver of his right, and he divorces her, well, essentially, this is giving her the choice between something he owns, which is divorce. Yes.
The questioner : Yes, if she stipulated something.
The Shaykh : Absolutely, there is no sin on him, because a person’s mind may change. Suppose he saw a woman and was unable to restrain himself from her, or she was mentioned to him and he was unable to restrain himself, or something similar.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1988 - 4600 هل لو اشترطت المرأة أن لا يتزوج عليها ثم أراد الزواج هل له أن يخيرها بين...؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
