A man said to his wife, “I divorce you if you go to such and such a place.” What is the ruling if the wife goes, knowing that the intention was certainly present with the words?
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The questioner : A man said to his wife, “I divorce you if you go to such and such a place.” What is the ruling if the wife goes, knowing that the intention was certainly present with the words?
The Shaykh : He said, “I divorce you.”
The questioner : “I divorce you.”
The Shaykh : This is strange. “I divorce you” is an oath of divorce, and an oath of divorce is not a divorce unless he intends the divorce at that time. In that case, the divorce takes place, for actions are by intentions. However, it should be mentioned here an important matter that people rarely mention: that the lawful divorce has conditions. Therefore, the scholars divided divorce into two types: sunni divorce and bid'ah divorce. Sunni divorce is clearly that which conforms to the Sunnah, and bid'ah divorce is that which contradicts the Sunnah. They all agreed that bid'ah divorce is not permissible for a Muslim to resort to or utter, although they differed on whether this bid'ah divorce takes effect. Some said it does not take effect, and some said it does take effect. The matter requires detail, and this is not the time for it. But I want to say that one of the conditions of sunni divorce is witnessing. Whoever wants to divorce should follow the Sunnah and have witnesses. And may Allah’s peace be upon you.
The Shaykh : He said, “I divorce you.”
The questioner : “I divorce you.”
The Shaykh : This is strange. “I divorce you” is an oath of divorce, and an oath of divorce is not a divorce unless he intends the divorce at that time. In that case, the divorce takes place, for actions are by intentions. However, it should be mentioned here an important matter that people rarely mention: that the lawful divorce has conditions. Therefore, the scholars divided divorce into two types: sunni divorce and bid'ah divorce. Sunni divorce is clearly that which conforms to the Sunnah, and bid'ah divorce is that which contradicts the Sunnah. They all agreed that bid'ah divorce is not permissible for a Muslim to resort to or utter, although they differed on whether this bid'ah divorce takes effect. Some said it does not take effect, and some said it does take effect. The matter requires detail, and this is not the time for it. But I want to say that one of the conditions of sunni divorce is witnessing. Whoever wants to divorce should follow the Sunnah and have witnesses. And may Allah’s peace be upon you.