What is the ruling on one who divorced but did not intend it?
Machine translationRead the Arabic original
The questioner : He divorced, O Shaykh, but did not intend it, and we did not leave aside the principle we established, which is that in cases of doubt, the non-occurrence of the divorce is preferred. The issue we mentioned is that he divorced but did not intend anything.
The Shaykh : Any issue.
The questioner : First of all.
The Shaykh : As we said, we judge.
The questioner : No, the one who did not intend anything.
The Shaykh : Even if he did not recite the divorce.
The questioner : We said the stronger position is that it takes place.
The Shaykh : It takes place based on the wording.
The questioner : Okay, and what did I take out of the principle?
The Shaykh : He gave me a barrier.
The questioner : I mean, no?
The Shaykh : I am, by Allah, clear on this matter. He is now a barrier and its opposite; if he said, "By Allah, I intended to divorce you from the bond," then the war is over, but he is judged if the woman sues him; the judge rules by the apparent, with the permission of Allah. The wording is explicit, meaning everyone says, "I did not intend it," but if he said, "I intended a divorce,"
The Shaykh : Any issue.
The questioner : First of all.
The Shaykh : As we said, we judge.
The questioner : No, the one who did not intend anything.
The Shaykh : Even if he did not recite the divorce.
The questioner : We said the stronger position is that it takes place.
The Shaykh : It takes place based on the wording.
The questioner : Okay, and what did I take out of the principle?
The Shaykh : He gave me a barrier.
The questioner : I mean, no?
The Shaykh : I am, by Allah, clear on this matter. He is now a barrier and its opposite; if he said, "By Allah, I intended to divorce you from the bond," then the war is over, but he is judged if the woman sues him; the judge rules by the apparent, with the permission of Allah. The wording is explicit, meaning everyone says, "I did not intend it," but if he said, "I intended a divorce,"
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 2122 - 4600 ما حكم من طلق ولم ينوي؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
