What is conditional divorce in the Shari'ah? And what is the ruling on one who says to his wife: If we reach such-and-such a town, I will divorce you?
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The questioner : What is the meaning of conditional divorce in the Shari'ah?
The Shaykh : If you do such-and-such, then you are divorced. This is conditional divorce.
The questioner : And one of them said, for example, to his wife: If we reach such-and-such a town, if Allah wills, I will divorce you. So he reached such-and-such a town and did not divorce her. Is there a divorce in this case?
The Shaykh : As long as he said: if Allah wills, there is no divorce.
The questioner : And if he is determined?
The Shaykh : Yes?
The questioner : And if he is determined, he specifies, saying: No, by Allah, I will divorce you if you arrive in this town.
The Shaykh : Yes.
The questioner : Yes?
The Shaykh : Yes.
The questioner : Does it take effect?
The Shaykh : It does not take place.
The questioner : It does not take place.
The Shaykh : It takes effect as an oath.
The questioner : It takes effect as an oath.
The Shaykh: Yes.
The Shaykh : If you do such-and-such, then you are divorced. This is conditional divorce.
The questioner : And one of them said, for example, to his wife: If we reach such-and-such a town, if Allah wills, I will divorce you. So he reached such-and-such a town and did not divorce her. Is there a divorce in this case?
The Shaykh : As long as he said: if Allah wills, there is no divorce.
The questioner : And if he is determined?
The Shaykh : Yes?
The questioner : And if he is determined, he specifies, saying: No, by Allah, I will divorce you if you arrive in this town.
The Shaykh : Yes.
The questioner : Yes?
The Shaykh : Yes.
The questioner : Does it take effect?
The Shaykh : It does not take place.
The questioner : It does not take place.
The Shaykh : It takes effect as an oath.
The questioner : It takes effect as an oath.
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
