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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A question regarding divorce conditional upon a condition

Machine translationRead the Arabic original
The questioner : This, may Allah bless you, means, for example, a man says to his wife, "If you talk to so-and-so, you are divorced?" I mean, it does not come out and it is not done. If he says something that results in divorce, such as not serving the food.

The Shaykh : He addresses someone other than the wife, saying, "If you talk to so-and-so, my wife is divorced." All right. The majority of the scholars and jurists of the Ummah hold that the divorce takes place. Do you understand?
Do not be lax in this matter, because it takes place. It is like if he conditions his wife's divorce on the rising of the sun, saying, "If the sun rises, my wife is divorced." Shaykh al-Islam (may Allah have mercy on him) examined the issue in a long and deep study, and said that if he did not intend divorce, but rather intended to urge, prohibit, verify, or deny, then actions are by intentions, and it becomes an oath that requires expiation. This is clear when the divorce is conditioned on the action of someone other than the wife, such as saying to a man, "If you do such-and-such, my wife is divorced." Here it is clear that he leans toward the story of the divorce, as there is no connection between the man's action and the wife. But if he says to his wife, "If you do such-and-such, you are divorced," there is a strong possibility that he intended for her not to do it, even though he dislikes her divorce. There is also a possibility that he intended that if she did it, he would have no desire for her. There is a possibility. Therefore, we issue the ruling that if he says to a person, "If you do such-and-such, you are divorced," we rule that it is an oath in any case, because we know that the man has no interest in divorcing his wife regarding what he swore about. But if he says it to the wife, we ask about his intention and say, "What did you intend?" And in any case, people must be warned against this, as long as the imams and scholars of the Ummah say that the divorce takes place in any case, so let us warn people.
Source قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 317 - 336 مسألة حول الطلاق المعلق بشرط - الشيخ ابن عثيمين — youtube.com

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

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