What is the ruling if a man conditions divorce after he finishes university?
Machine translationRead the Arabic original
The Shaykh : Your question was regarding conditional divorce. I told you this is a conditional divorce until I testify, and so on. But something occurred to me; it seems I was hasty in answering before reflecting, or I did not understand the question as it should be understood, or something else. So I want now to correct the answer based on careful consideration of the question and understanding it well, because in my opinion, if I understood your question well, I made a mistake in answering it. Therefore, I will correct it; otherwise, there would be an error in my understanding of your question. Do you remember the question?
The questioner: Yes.
The Shaykh: All right.
The questioner : You said it.
The Shaykh : No, may Allah guide you.
The questioner : No problem.
The Shaykh: No, no.
The questioner : The first occasion that...
The Shaykh : I don't want to, I said, what was your question?
The questioner : I said this man intended to divorce after he finished university, and he acted with the statement in front of people that I will divorce her after I am done.
The Shaykh: Yes.
The questioner : So he combined the intention and the action, which is the statement.
The Shaykh : Okay, I understood that, but I asked you what he said. Do you remember this question? This is what concerns me now. What was your answer?
The questioner : I said I will divorce her after I finish university.
The Shaykh : Now, here lies the precision in the matter, and I should have followed my question with another question: Did he say this before he married her or after he married her?
The questioner : No, it was before.
The Shaykh : Before he married her. So this is the mistake, it is mine, not yours. I made a mistake twice. Look, the Shaykh is admitting that he made a mistake twice.
The questioner : The Shaykh often admits to it.
The Shaykh : Yes, my mistake was twice. The first mistake was that I should have followed my first question with a second question, and thus I would have given you an answer different from the past one. Now I asked you: Did he say this before he married her or after? You said before. So at that point, I admit my mistake in the answer. I say this divorce has no effect whatsoever, because the Messenger (peace be upon him) said: or as he said (peace and blessings be upon him). Just as it is not permissible to condition the freeing of a slave one does not own before owning him, and so on. These are known hadiths. So my previous answer is valid or not valid? It is valid on the assumption that it was after he married her, and it is not valid as clarified by you that he said it before he married her. So this divorce has no value at all. Is that clear?
The questioner: Yes.
The Shaykh : And I hope this correction is recorded. It is necessary. Now, anything else?
The student : I am busy now.
The Shaykh : I am saying.
The student : The Shaykh :
The Shaykh : When do we want to leave...
The student : Just let us eat.
Another student: There is a quarter of an hour left.
The Shaykh : Another quarter of an hour. Okay, in the name of Allah, because we took permission from the Ministry of Interior.
The student : May Allah reward you with good.
The Shaykh : And beware of that.
The student : May Allah bless you, and with... and I am afraid he will say about us, in the name of Allah.
The questioner: Yes.
The Shaykh: All right.
The questioner : You said it.
The Shaykh : No, may Allah guide you.
The questioner : No problem.
The Shaykh: No, no.
The questioner : The first occasion that...
The Shaykh : I don't want to, I said, what was your question?
The questioner : I said this man intended to divorce after he finished university, and he acted with the statement in front of people that I will divorce her after I am done.
The Shaykh: Yes.
The questioner : So he combined the intention and the action, which is the statement.
The Shaykh : Okay, I understood that, but I asked you what he said. Do you remember this question? This is what concerns me now. What was your answer?
The questioner : I said I will divorce her after I finish university.
The Shaykh : Now, here lies the precision in the matter, and I should have followed my question with another question: Did he say this before he married her or after he married her?
The questioner : No, it was before.
The Shaykh : Before he married her. So this is the mistake, it is mine, not yours. I made a mistake twice. Look, the Shaykh is admitting that he made a mistake twice.
The questioner : The Shaykh often admits to it.
The Shaykh : Yes, my mistake was twice. The first mistake was that I should have followed my first question with a second question, and thus I would have given you an answer different from the past one. Now I asked you: Did he say this before he married her or after? You said before. So at that point, I admit my mistake in the answer. I say this divorce has no effect whatsoever, because the Messenger (peace be upon him) said:
There is no divorce for one who has no marriage.
لا طلاق لِمَن لا نكاح لهThe questioner: Yes.
The Shaykh : And I hope this correction is recorded. It is necessary. Now, anything else?
The student : I am busy now.
The Shaykh : I am saying.
The student : The Shaykh :
The Shaykh : When do we want to leave...
The student : Just let us eat.
Another student: There is a quarter of an hour left.
The Shaykh : Another quarter of an hour. Okay, in the name of Allah, because we took permission from the Ministry of Interior.
The student : May Allah reward you with good.
The Shaykh : And beware of that.
The student : May Allah bless you, and with... and I am afraid he will say about us, in the name of Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.