A man saying “Hind is divorced” when he has two wives with that name
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success, if there are two Hinds in one gathering, one of whom is his wife and the other is divorced, and he wants to inform about the situation, so he says “Hind is divorced,” intending the other one, not his wife, then does
Answer:
The word “divorced” is not the same as “you are divorced.” If he said “Hind is divorced,” it could be a statement of information, but “divorced” (as a command) is not; that does not allow for a statement of information, that allows for a declaration of intent.
Honorable Shaykh, may Allah grant you success, if there are two Hinds in one gathering, one of whom is his wife and the other is divorced, and he wants to inform about the situation, so he says “Hind is divorced,” intending the other one, not his wife, then does
Answer:
The word “divorced” is not the same as “you are divorced.” If he said “Hind is divorced,” it could be a statement of information, but “divorced” (as a command) is not; that does not allow for a statement of information, that allows for a declaration of intent.
Source
قناة «العلامة الدكتور صالح الفوزان»، 087 من 123 / شرح كتاب زاد المستقنع/الطلاق/التأويل في الحلف/صالح الفوزان/الفقه/كبار العلماء — youtube.com (51:19)
The Arabic text is a machine transcription of the audio recording.