If a man swears to divorce his wife and conditions it on the doing of something, is that considered a divorce?
Machine translationRead the Arabic original
The Shaykh: Yes.
The questioner : The Shaykh : Abu Abd al-Rahman.
The Shaykh: Yes.
The questioner : The Shaykh : Is it present?
The Shaykh : He is with you.
The questioner : May Allah give you well-being, Shaykh.
The Shaykh : May Allah give you well-being.
The questioner : Did you disturb me at night? No harm.
The Shaykh: Go ahead.
The questioner : By Allah, we asked a question and they gave us your number so you could issue a ruling on this matter?
The Shaykh : Fine, but did you greet me?
The questioner: Yes.
The Shaykh : I said, "Peace be upon you."
The questioner: Peace be upon you.
The Shaykh : And upon you be peace. Go ahead, please. What do you have? Ask what you have?
The questioner : My dear master, we swore an oath and we said to the woman, "You are divorced three times if you do this thing," and we did it, of course. I did not mean to divorce her three times, but I meant to restrain myself from something. I said to her, "You are divorced three times if you do it," and she did it. What is your opinion on this matter, our master?The Shaykh : ؟
The Shaykh : I mean, you swore an oath over her.
The questioner: Yes.
The Shaykh : I mean, you swore an oath that she would not do that thing?
The questioner : I am the one who did it, not she.
The Shaykh : You swore an oath over yourself?
The questioner : I swore an oath to restrain myself from the thing.
The Shaykh : Yes, and did you intend the divorce or did you intend to restrain yourself?
The questioner : To restrain myself from something?
The Shaykh : You owe the expiation for the oath.
The questioner : Yes?
The Shaykh : You owe the expiation for the oath.
The questioner : I owe the expiation for the oath.
The Shaykh : I mean, you feed ten poor people, clear?
The questioner : Clear, my master.The Shaykh .
The Shaykh : Fine, do you have anything else?
The questioner : When I askedThe Shaykh : the one we have here, he said it might be a first divorce?
The Shaykh : Fine, he did not tell you three divorces because you mentioned three divorces. The important thing is that you did not intend the divorce, but you intended to restrain yourself from doing something. And when you did this act, the oath fell upon you, so you owe the expiation for the oath.
The questioner : Of course, in the context of the oath, I said, "I am divorced three times."
The Shaykh : That is enough, my brother. Did you understand the answer or not?
The questioner : I understood the answer.
The Shaykh : That is enough. Do you have a second question?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah. Welcome.
The questioner : The Shaykh : Abu Abd al-Rahman.
The Shaykh: Yes.
The questioner : The Shaykh : Is it present?
The Shaykh : He is with you.
The questioner : May Allah give you well-being, Shaykh.
The Shaykh : May Allah give you well-being.
The questioner : Did you disturb me at night? No harm.
The Shaykh: Go ahead.
The questioner : By Allah, we asked a question and they gave us your number so you could issue a ruling on this matter?
The Shaykh : Fine, but did you greet me?
The questioner: Yes.
The Shaykh : I said, "Peace be upon you."
The questioner: Peace be upon you.
The Shaykh : And upon you be peace. Go ahead, please. What do you have? Ask what you have?
The questioner : My dear master, we swore an oath and we said to the woman, "You are divorced three times if you do this thing," and we did it, of course. I did not mean to divorce her three times, but I meant to restrain myself from something. I said to her, "You are divorced three times if you do it," and she did it. What is your opinion on this matter, our master?The Shaykh : ؟
The Shaykh : I mean, you swore an oath over her.
The questioner: Yes.
The Shaykh : I mean, you swore an oath that she would not do that thing?
The questioner : I am the one who did it, not she.
The Shaykh : You swore an oath over yourself?
The questioner : I swore an oath to restrain myself from the thing.
The Shaykh : Yes, and did you intend the divorce or did you intend to restrain yourself?
The questioner : To restrain myself from something?
The Shaykh : You owe the expiation for the oath.
The questioner : Yes?
The Shaykh : You owe the expiation for the oath.
The questioner : I owe the expiation for the oath.
The Shaykh : I mean, you feed ten poor people, clear?
The questioner : Clear, my master.The Shaykh .
The Shaykh : Fine, do you have anything else?
The questioner : When I askedThe Shaykh : the one we have here, he said it might be a first divorce?
The Shaykh : Fine, he did not tell you three divorces because you mentioned three divorces. The important thing is that you did not intend the divorce, but you intended to restrain yourself from doing something. And when you did this act, the oath fell upon you, so you owe the expiation for the oath.
The questioner : Of course, in the context of the oath, I said, "I am divorced three times."
The Shaykh : That is enough, my brother. Did you understand the answer or not?
The questioner : I understood the answer.
The Shaykh : That is enough. Do you have a second question?
The questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah. Welcome.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.