What is your opinion on the divorce of a man who said to his son: If you get married, your mother is divorced?
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The Shaykh : Yes.
The questioner : Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, Shaykh? I hope you are well, if Allah wills.
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah grant you well-being.
The Shaykh : May Allah grant you well-being.
The questioner : A question, please explain it.
The Shaykh : Please go ahead.
The questioner : A man said, excuse me, his wife is his wife's sister.
The Shaykh : How?
The questioner : He has his wife in the house, and her sister, his sister's daughter, visited her.
The Shaykh : And then...
The questioner : She has a daughter, and that daughter is divorced and has two sons. So, the point is, this man has a son, and he said to him: My son, if you get married to that girl, she will be divorced from me. So the people tried to... complete the marriage. Everyone would come to him and say, "O Abu Ali," or "O so-and-so." The point is, the father of the boy was not comfortable with this marriage. So the second time, whenever people came to him, he would tell them: If my son gets married, that slave girl... is divorced.
The Shaykh : Yes.
The questioner : But... regarding his wife, he doesn't even know how to sleep. What is the ruling of the Shari'ah regarding his wife?
The Shaykh : Listen.
The questioner: Yes
The Shaykh : First, the divorce depends on the intention of this person. If he truly intended to divorce his wife if the son married that girl, despite his father's objection, then it has one ruling. And if he intended behind that to threaten the son, to threaten him to prevent him from marrying that girl, and did not truly intend to divorce his wife...
The questioner : Yes.
The Shaykh : So, up to this point, is the difference clear to you?
The questioner : Yes, I tell you, he said that...
The Shaykh : Listen, may Allah guide you.
The questioner : Yes.
The Shaykh : I am telling you, repeat to me what he said.
The questioner : Yes.
The Shaykh : I thought you would repeat to me what I told you, because I asked you if you understood me up to this point.
The questioner : Yes, I understood up to this point.
The Shaykh : Okay, why are you repeating the man's question to me?
The questioner : Ah, okay, please go ahead.
The Shaykh : I am far from you now so that you can grasp the issue and understand it well. The word the man said: if he meant to prevent the son from getting married and to frighten him by saying he would divorce the wife if he married, then it has one ruling. And if he truly intended to divorce his wife if the son got married, is the difference clear to you?
The questioner : Yes, it is clear now.
The Shaykh : Yes.
The questioner : It is clear.
The Shaykh : Good. So here, we ask the man: What was your intention? Was your intention to frighten the son, or was your intention to divorce your wife? If his intention was to divorce the son, he does not divorce his wife. Excuse me, if his intention was to frighten the son, then the wife is his wife and is not divorced.
The questioner : Yes.
The Shaykh : But if he truly intended to divorce his wife, then here, other conditions are required for the divorce to be a Shari'ah divorce, among which is one of the most important matters that comes to the minds of many people: if a man resolves to divorce his wife, the divorce, even if it is explicit, does not take place unless he witnesses two just witnesses.
The questioner : Unless...
The Shaykh : Unless he witnesses, he witnesses.
The questioner : Yes.
The Shaykh : Two just witnesses that he divorced his wife. So, from your question, I infer that the man does not want to divorce his wife; he wants to prevent his son from getting married.
The questioner : Yes, correct.
The Shaykh : Yes. If that is the case, there is no divorce.
The questioner : So there is no divorce.
The Shaykh : And if he truly wants the divorce, as I told you just now.
The questioner: Yes
The Shaykh : Then his divorce of his wife is contingent upon witnessing.
The questioner : Upon witnessing.
The Shaykh : Yes, and it is clear to you.
The questioner : Yes, it is clear.
The Shaykh : Peace be upon you
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : Peace be upon you, and Allah's mercy and blessings.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : How are you, Shaykh? I hope you are well, if Allah wills.
The Shaykh : Praise be to Allah, I am well.
The questioner : May Allah grant you well-being.
The Shaykh : May Allah grant you well-being.
The questioner : A question, please explain it.
The Shaykh : Please go ahead.
The questioner : A man said, excuse me, his wife is his wife's sister.
The Shaykh : How?
The questioner : He has his wife in the house, and her sister, his sister's daughter, visited her.
The Shaykh : And then...
The questioner : She has a daughter, and that daughter is divorced and has two sons. So, the point is, this man has a son, and he said to him: My son, if you get married to that girl, she will be divorced from me. So the people tried to... complete the marriage. Everyone would come to him and say, "O Abu Ali," or "O so-and-so." The point is, the father of the boy was not comfortable with this marriage. So the second time, whenever people came to him, he would tell them: If my son gets married, that slave girl... is divorced.
The Shaykh : Yes.
The questioner : But... regarding his wife, he doesn't even know how to sleep. What is the ruling of the Shari'ah regarding his wife?
The Shaykh : Listen.
The questioner: Yes
The Shaykh : First, the divorce depends on the intention of this person. If he truly intended to divorce his wife if the son married that girl, despite his father's objection, then it has one ruling. And if he intended behind that to threaten the son, to threaten him to prevent him from marrying that girl, and did not truly intend to divorce his wife...
The questioner : Yes.
The Shaykh : So, up to this point, is the difference clear to you?
The questioner : Yes, I tell you, he said that...
The Shaykh : Listen, may Allah guide you.
The questioner : Yes.
The Shaykh : I am telling you, repeat to me what he said.
The questioner : Yes.
The Shaykh : I thought you would repeat to me what I told you, because I asked you if you understood me up to this point.
The questioner : Yes, I understood up to this point.
The Shaykh : Okay, why are you repeating the man's question to me?
The questioner : Ah, okay, please go ahead.
The Shaykh : I am far from you now so that you can grasp the issue and understand it well. The word the man said: if he meant to prevent the son from getting married and to frighten him by saying he would divorce the wife if he married, then it has one ruling. And if he truly intended to divorce his wife if the son got married, is the difference clear to you?
The questioner : Yes, it is clear now.
The Shaykh : Yes.
The questioner : It is clear.
The Shaykh : Good. So here, we ask the man: What was your intention? Was your intention to frighten the son, or was your intention to divorce your wife? If his intention was to divorce the son, he does not divorce his wife. Excuse me, if his intention was to frighten the son, then the wife is his wife and is not divorced.
The questioner : Yes.
The Shaykh : But if he truly intended to divorce his wife, then here, other conditions are required for the divorce to be a Shari'ah divorce, among which is one of the most important matters that comes to the minds of many people: if a man resolves to divorce his wife, the divorce, even if it is explicit, does not take place unless he witnesses two just witnesses.
The questioner : Unless...
The Shaykh : Unless he witnesses, he witnesses.
The questioner : Yes.
The Shaykh : Two just witnesses that he divorced his wife. So, from your question, I infer that the man does not want to divorce his wife; he wants to prevent his son from getting married.
The questioner : Yes, correct.
The Shaykh : Yes. If that is the case, there is no divorce.
The questioner : So there is no divorce.
The Shaykh : And if he truly wants the divorce, as I told you just now.
The questioner: Yes
The Shaykh : Then his divorce of his wife is contingent upon witnessing.
The questioner : Upon witnessing.
The Shaykh : Yes, and it is clear to you.
The questioner : Yes, it is clear.
The Shaykh : Peace be upon you
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.