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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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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,"
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.

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