Marriage to a Woman of the Book for a Traveler and the Intention of Divorce
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The questioner:
And the night of Sham on the leg of a traveler abroad for a year, and I fear for my treatment.
The Shaykh:
Is it a response to a woman of the Book regarding the timing of the reading? We know that marriage to a woman of the Book is permissible by the Book and the consensus of the scholars, but on the condition that the woman of the Book is chaste, meaning she is pure from zina (unlawful sexual intercourse) in her conduct and in her children. It is permissible for him to marry her, whether he is a student studying there or not a student; this is the default ruling.
The intention of divorce is a point of difficulty. Marriage with the intention of divorce: the contract is outwardly valid because its conditions are complete. As for him concealing something in his heart, intentions are known only to Allah. But the outward appearance of the contract is validity due to the completeness of its conditions. As for him concealing something in his heart, intentions are known only to Allah. It is not permissible for a person to intend an intention that contradicts the contract.
And the intention of harming the wife, because this is betrayal. She married on the basis that he is a permanent husband, and that he will provide for her and protect her chastity. This is what she built upon, and her guardian built upon it, and the witnesses testified to this. And for him to conceal in his heart the opposite of this is a false intention and an intention containing betrayal of the wife and her guardian, and deception of the witnesses as well. It is obligatory to avoid this matter. Yes.
No, he prevents her from shirk (associating partners with Allah). If she believes that Isa (Jesus) is the son of Allah, and she explicitly states that he is the son of Allah or the third of three, he prevents her from this, because this is a repugnant shirk. Yes.
The questioner:
Do you know, do you know, do you know approximately about the city of the Christians.
The Shaykh:
He prevents her from hanging the cross and displaying the religion of the Christians in his house. He prevents her from this matter. And he did not marry her on the condition that she submits to the ruling of Islam and leaves these things. Yes.
And the night of Sham on the leg of a traveler abroad for a year, and I fear for my treatment.
The Shaykh:
Is it a response to a woman of the Book regarding the timing of the reading? We know that marriage to a woman of the Book is permissible by the Book and the consensus of the scholars, but on the condition that the woman of the Book is chaste, meaning she is pure from zina (unlawful sexual intercourse) in her conduct and in her children. It is permissible for him to marry her, whether he is a student studying there or not a student; this is the default ruling.
The intention of divorce is a point of difficulty. Marriage with the intention of divorce: the contract is outwardly valid because its conditions are complete. As for him concealing something in his heart, intentions are known only to Allah. But the outward appearance of the contract is validity due to the completeness of its conditions. As for him concealing something in his heart, intentions are known only to Allah. It is not permissible for a person to intend an intention that contradicts the contract.
And the intention of harming the wife, because this is betrayal. She married on the basis that he is a permanent husband, and that he will provide for her and protect her chastity. This is what she built upon, and her guardian built upon it, and the witnesses testified to this. And for him to conceal in his heart the opposite of this is a false intention and an intention containing betrayal of the wife and her guardian, and deception of the witnesses as well. It is obligatory to avoid this matter. Yes.
No, he prevents her from shirk (associating partners with Allah). If she believes that Isa (Jesus) is the son of Allah, and she explicitly states that he is the son of Allah or the third of three, he prevents her from this, because this is a repugnant shirk. Yes.
The questioner:
Do you know, do you know, do you know approximately about the city of the Christians.
The Shaykh:
He prevents her from hanging the cross and displaying the religion of the Christians in his house. He prevents her from this matter. And he did not marry her on the condition that she submits to the ruling of Islam and leaves these things. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 50 من 89|شرح العدة في شرح العمدة|كتاب الرضاع|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:11:29)
The Arabic text is a machine transcription of the audio recording.