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?
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The questioner : The questioner:The questioner : He says: A man said to his wife, “I divorce you, do not go to such-and-such a place.” What is the ruling if the wife goes? It is known that the intention accompanied the words with certainty.
The Shaykh : He said: “I divorce you?”
The questioner : “I divorce you?”
The Shaykh : It is strange. “I divorce you” is an oath of divorce. An oath of divorce is not a divorce unless he intends the divorce; in that case, the divorce takes place, for actions are by intentions. However, we should mention here an important matter that people rarely recall: 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 it is not permissible for a Muslim to resort to bid'ah divorce or to utter it, 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: one of the conditions of sunni divorce is witnessing. It is the Sunnah for anyone who wants to divorce to have witnesses.
And peace be upon you.
The Shaykh : He said: “I divorce you?”
The questioner : “I divorce you?”
The Shaykh : It is strange. “I divorce you” is an oath of divorce. An oath of divorce is not a divorce unless he intends the divorce; in that case, the divorce takes place, for actions are by intentions. However, we should mention here an important matter that people rarely recall: 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 it is not permissible for a Muslim to resort to bid'ah divorce or to utter it, 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: one of the conditions of sunni divorce is witnessing. It is the Sunnah for anyone who wants to divorce to have witnesses.
And peace be upon you.
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