Is a divorce conditional on a specific event valid, such as when a man says to his wife: "If you go out, you are divorced"?
Machine translationRead the Arabic original
The Shaykh : Raise your voice.
The questioner: O Shaykh, regarding the issue of divorce.
The Shaykh: Yes.
The questioner: Regarding divorce, is a divorce conditional on a specific event valid, where a man says to his wife: "If you go out, you are divorced"?
The Shaykh: What did he say to her?
The questioner: "If you go out."
The Shaykh: "Then you are divorced."
The questioner: "Then you are divorced," and in fact, she went out.
The Shaykh : Yes.
The questioner: So, does this divorce take effect or not?
The Shaykh: This divorce conditional on a specific event requires detailed explanation. If he intended the divorce to take effect if the condition is met, then the divorce takes effect; otherwise, it does not. That is: there is a difference between a man who divorces his wife with a condition, meaning he intends to prevent her from doing something, such as going out in your example, and does not intend to divorce her; in this case, the divorce does not take effect. However, if he intended to divorce her if the condition is met, for example, if he saw something suspicious in his wife, such as seeing her talk to a neighbor, or if she left his house and he was concerned about her conduct, and he said to her: "If I see you again in that man's house, or if you leave my house, you are divorced," then in this case, we are of the opinion that he actually intended to divorce her, because the matter concerns her honor. In this case, she is divorced because the condition was fulfilled. Is the difference clear to you? Do you not hear the answer? Therefore, I sometimes feel that my words go to waste.
The questioner: I will answer the second one, okay? I am switching. What do you think?
Another questioner: I understood, O Shaykh. I am saying that it did not go to waste.
The Shaykh: If you understood, why do you not answer me? Why do you not say "I understood"? Why do you not say "Make the difference clear to me"?
The questioner: Make the difference clear... and therefore...
The questioner: O Shaykh, regarding the issue of divorce.
The Shaykh: Yes.
The questioner: Regarding divorce, is a divorce conditional on a specific event valid, where a man says to his wife: "If you go out, you are divorced"?
The Shaykh: What did he say to her?
The questioner: "If you go out."
The Shaykh: "Then you are divorced."
The questioner: "Then you are divorced," and in fact, she went out.
The Shaykh : Yes.
The questioner: So, does this divorce take effect or not?
The Shaykh: This divorce conditional on a specific event requires detailed explanation. If he intended the divorce to take effect if the condition is met, then the divorce takes effect; otherwise, it does not. That is: there is a difference between a man who divorces his wife with a condition, meaning he intends to prevent her from doing something, such as going out in your example, and does not intend to divorce her; in this case, the divorce does not take effect. However, if he intended to divorce her if the condition is met, for example, if he saw something suspicious in his wife, such as seeing her talk to a neighbor, or if she left his house and he was concerned about her conduct, and he said to her: "If I see you again in that man's house, or if you leave my house, you are divorced," then in this case, we are of the opinion that he actually intended to divorce her, because the matter concerns her honor. In this case, she is divorced because the condition was fulfilled. Is the difference clear to you? Do you not hear the answer? Therefore, I sometimes feel that my words go to waste.
The questioner: I will answer the second one, okay? I am switching. What do you think?
Another questioner: I understood, O Shaykh. I am saying that it did not go to waste.
The Shaykh: If you understood, why do you not answer me? Why do you not say "I understood"? Why do you not say "Make the difference clear to me"?
The questioner: Make the difference clear... and therefore...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
