What is the ruling on a traveler who enters a country and marries for the duration of his stay in that country, intending that if he leaves this country, he will divorce his wife?
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The questioner : As long as the discussion is about marriage and the marriage contract, O our Shaykh.
Another questioner : More than that.
Another questioner : Hmm, no, there is a question that arises: What is the ruling on a traveler who enters a country and marries for the duration of his stay in that country, intending that if he leaves this country, he will divorce his wife, meaning...
The Shaykh : Yes, this is a question that is repeated often, especially regarding the youth who are afflicted by going to the lands of the West, but I am surprised by such a matter. Why does he intend this intention?
The questioner : Yes, perhaps...
The Shaykh : And what is the fruit of this intention? Or what is the difference between the one who intends this intention and the one who does not intend this intention? What is the fruit of the difference?
The questioner: There is no difference.
Another questioner : Sometimes the man may be married in his country, and he means... he knows...
The Shaykh : I do not want the details.
The questioner: Yes.
The Shaykh : I want the fruit of the difference. What is the fruit of the difference between two men, both of whom are married, one of whom marries another and intends that he will part with her after a certain time, and the other does not intend? What is the fruit of the difference between the two men? In other words, why does he intend this intention? Ah, Abu Ayyub wrote for you.
The questioner : He did not write; he sent me a question there that we had asked at the beginning of the session.
The Shaykh : Did you understand me, O Professor?
The questioner : Yes, I understood, but I mean, I have not done it until I know the fruit.
The Shaykh : My brother, I have not done it, nor have you done it, but what do you think? What do you think of those who intend this intention?
The questioner : ... .
The Shaykh : Hmm, but this will become dropped later by the scholars of hadith because it will become taught.
The questioner : I told him... Do you hear the answer from the Shaykh before?
The Shaykh : Yes, what I want to reach is two things. The first thing is that those who intend this intention, due to their ignorance and their illusion that there is a difference between this one who intends and that one who does not intend, whereas there is absolutely no difference between them. And to be clearer, the Muslim knows that Allah (Mighty and Majestic) has permitted divorce. So if he marries, wherever he marries, for the second time or the first, and he did not intend, then it occurs to him that he wants to divorce, he has the right to divorce. And if he intended, he is not obligated to divorce, but he has the right to divorce. So what is the difference between the two matters? There is no result or fruit to this difference, meaning between two men, one intends to divorce and the other does not intend to divorce. And if there is a difference, it is of the kind that leads to prohibition. That is, this one who intends to divorce is more similar to the one who practices temporary marriage than to the one who practices regular marriage. Temporary marriage, the marriage of temporary enjoyment, is known to be limited to days. But this limitation is not standing only at the mere intention, but it is a condition between the two spouses. So by this consideration, meaning by the consideration that this intention has not come into existence and has not been made a condition of its effect between the two spouses, it differs from the marriage of temporary enjoyment. And from the fact that the one who practices temporary marriage, when he agrees with his wife to part with her for a certain period, his intention in that is similar to this similarity. This similarity is not beautiful for this person, the least that can be said, but it has no fruit. Like the man who intends to divorce his wife after a month or after a year of marrying her in a regular marriage and it occurs to him that he will divorce her. The intention has no effect until it comes into existence, as he (peace and blessings be upon him) said:Sunan an-Nasa'i 3435Sahih (Darussalam). This man intended that, by Allah, he is going to marry so-and-so, but after a year, two years, three years, he will divorce her. The intention has no value and no effect at all. So why do these people intend? Due to their ignorance and so that they fall into a prohibited matter similar to the marriage of temporary enjoyment. So for this reason, I advise on this occasion, I say: Every youth who is afflicted by going to those sinful, wicked countries, and then it occurs to him that he cannot stay there for two or three or four years except to marry one of those women, he must marry with a lawful marriage. Then afterwards, it may occur to him through experience that she is not suitable, so he divorces her whenever he wishes, whether before his travel or during his travel. And this, if it is rare, has happened sometimes. It may occur to him through experience that she is a righteous woman and that she is better than many of the Muslim women, so he returns with her to his country and lives with her, as happened to many people. So why this intention? He marries, and if it occurs to him that she should remain in his protection, he keeps her, otherwise, divorce her.
The questioner : Our Shaykh, we have not heard that there are youth, for example, or people who are good who do this. Rather, this is what those who are afflicted with it do, for example, those who travel to the lands of disbelief, whether Eastern or Western, whether they are people traveling for trade and leisure, but their stay becomes long, or they are students. And we have heard that in America specifically, meaning, for a person to obtain residency, he must marry an American woman. So he marries, and he has no desire for marriage in the first place, but he marries in order to obtain this.
Another questioner : Then the costs will be less.
Another questioner : They deduct half for him in everything.
Another questioner : Meaning, he takes her with the intention of staying, and if...
Another questioner : By Allah, the Shaykh's words are convincing, meaning.
Another questioner : More than that.
Another questioner : Hmm, no, there is a question that arises: What is the ruling on a traveler who enters a country and marries for the duration of his stay in that country, intending that if he leaves this country, he will divorce his wife, meaning...
The Shaykh : Yes, this is a question that is repeated often, especially regarding the youth who are afflicted by going to the lands of the West, but I am surprised by such a matter. Why does he intend this intention?
The questioner : Yes, perhaps...
The Shaykh : And what is the fruit of this intention? Or what is the difference between the one who intends this intention and the one who does not intend this intention? What is the fruit of the difference?
The questioner: There is no difference.
Another questioner : Sometimes the man may be married in his country, and he means... he knows...
The Shaykh : I do not want the details.
The questioner: Yes.
The Shaykh : I want the fruit of the difference. What is the fruit of the difference between two men, both of whom are married, one of whom marries another and intends that he will part with her after a certain time, and the other does not intend? What is the fruit of the difference between the two men? In other words, why does he intend this intention? Ah, Abu Ayyub wrote for you.
The questioner : He did not write; he sent me a question there that we had asked at the beginning of the session.
The Shaykh : Did you understand me, O Professor?
The questioner : Yes, I understood, but I mean, I have not done it until I know the fruit.
The Shaykh : My brother, I have not done it, nor have you done it, but what do you think? What do you think of those who intend this intention?
The questioner : ... .
The Shaykh : Hmm, but this will become dropped later by the scholars of hadith because it will become taught.
The questioner : I told him... Do you hear the answer from the Shaykh before?
The Shaykh : Yes, what I want to reach is two things. The first thing is that those who intend this intention, due to their ignorance and their illusion that there is a difference between this one who intends and that one who does not intend, whereas there is absolutely no difference between them. And to be clearer, the Muslim knows that Allah (Mighty and Majestic) has permitted divorce. So if he marries, wherever he marries, for the second time or the first, and he did not intend, then it occurs to him that he wants to divorce, he has the right to divorce. And if he intended, he is not obligated to divorce, but he has the right to divorce. So what is the difference between the two matters? There is no result or fruit to this difference, meaning between two men, one intends to divorce and the other does not intend to divorce. And if there is a difference, it is of the kind that leads to prohibition. That is, this one who intends to divorce is more similar to the one who practices temporary marriage than to the one who practices regular marriage. Temporary marriage, the marriage of temporary enjoyment, is known to be limited to days. But this limitation is not standing only at the mere intention, but it is a condition between the two spouses. So by this consideration, meaning by the consideration that this intention has not come into existence and has not been made a condition of its effect between the two spouses, it differs from the marriage of temporary enjoyment. And from the fact that the one who practices temporary marriage, when he agrees with his wife to part with her for a certain period, his intention in that is similar to this similarity. This similarity is not beautiful for this person, the least that can be said, but it has no fruit. Like the man who intends to divorce his wife after a month or after a year of marrying her in a regular marriage and it occurs to him that he will divorce her. The intention has no effect until it comes into existence, as he (peace and blessings be upon him) said:
Allah, the Most High, has forgiven my Ummah for whatever enters the mind, so long as it is not spoken of or put into action.
إنَّ الله تجاوَزَ لي عن أمَّتي ما حدَّثَتْ به أنفسها ما لم تتكلَّمْ أو تعمَلْ بهThe questioner : Our Shaykh, we have not heard that there are youth, for example, or people who are good who do this. Rather, this is what those who are afflicted with it do, for example, those who travel to the lands of disbelief, whether Eastern or Western, whether they are people traveling for trade and leisure, but their stay becomes long, or they are students. And we have heard that in America specifically, meaning, for a person to obtain residency, he must marry an American woman. So he marries, and he has no desire for marriage in the first place, but he marries in order to obtain this.
Another questioner : Then the costs will be less.
Another questioner : They deduct half for him in everything.
Another questioner : Meaning, he takes her with the intention of staying, and if...
Another questioner : By Allah, the Shaykh's words are convincing, meaning.
Source
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The Arabic text is copied verbatim from the original source, without any edits.