If a man tells his friends that he has divorced his wife, and he is lying, is his wife thereby divorced?
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The questioner : A man told a group of people, meaning he told them a false report, that he had divorced his wife?
The Shaykh: Yes.
The questioner : He did not intend in his heart to effect a divorce; what is the ruling on this statement?
The Shaykh : If he called them to witness it, then the divorce has taken place.
The questioner : Called them to witness, meaning he said to them, "Bear witness for me"?
The Shaykh : It is not necessary that it be in those exact words. If he told them that he had divorced her and they witnessed it, then his wife is divorced, even if he was lying, because divorce does not accept joking or playfulness.
The questioner : But he meant, did he marry a second wife?
The Shaykh : I am not concerned with the reasoning.
The questioner: Yes.
The Shaykh : I am not concerned with the reasoning; the reasoning behind his words does not concern me.
The questioner : The important thing is that he lied, and that is all.
The Shaykh : But as for what his purpose was, that does not concern us.
The questioner : Does intention not come into play here, O Shaykh?
The Shaykh : No, intention does not come into play. Many matters are judged by their apparent reality, and Allah takes charge of the hidden intentions. Therefore, the scholars distinguished between explicit divorce and implicit divorce. Perhaps you know the difference?
The questioner : Implicit, yes, yes, implicit and explicit.
The Shaykh : Implicit and explicit. If a man says to his wife, "Go to your family."
The questioner: Yes.
The Shaykh : And he is asked, "What did you intend?" and he says, "By Allah, I was just a little angry," then she goes until he returns to his natural state, not intending to divorce her, and he is heard. But if he divorced her explicitly, he is not heard.
The questioner : He meant, when he informed them, he did not tell them, "I am divorcing my wife," but said, "I have already divorced her previously"?
The Shaykh : That is worse, that is worse.
The questioner : That is worse.
The Shaykh : Yes, exactly.
The questioner : Okay, may Allah reward you with good.
The Shaykh : And beware, my brother, and peace be upon you.
Another questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
Another questioner : Shaykh, this is an inquiry, not a question in jurisprudence or...
The Shaykh : Yes.
Another questioner : We heard that you are going to Saudi Arabia?
The Shaykh : I went, performed Hajj, and returned.
Another questioner : We heard that you are going to reside there?
The Shaykh : You heard incorrectly; the one who told you told you incorrectly.
Another questioner : Meaning, there is nothing to that report.
The Shaykh: Yes.
The questioner : And we would like, if possible, to get your phone number or know where your base is?
The Shaykh : You have my phone number, and that is why you were able to call.
The questioner : May Allah reward you with good, peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The Shaykh: Yes.
The questioner : He did not intend in his heart to effect a divorce; what is the ruling on this statement?
The Shaykh : If he called them to witness it, then the divorce has taken place.
The questioner : Called them to witness, meaning he said to them, "Bear witness for me"?
The Shaykh : It is not necessary that it be in those exact words. If he told them that he had divorced her and they witnessed it, then his wife is divorced, even if he was lying, because divorce does not accept joking or playfulness.
The questioner : But he meant, did he marry a second wife?
The Shaykh : I am not concerned with the reasoning.
The questioner: Yes.
The Shaykh : I am not concerned with the reasoning; the reasoning behind his words does not concern me.
The questioner : The important thing is that he lied, and that is all.
The Shaykh : But as for what his purpose was, that does not concern us.
The questioner : Does intention not come into play here, O Shaykh?
The Shaykh : No, intention does not come into play. Many matters are judged by their apparent reality, and Allah takes charge of the hidden intentions. Therefore, the scholars distinguished between explicit divorce and implicit divorce. Perhaps you know the difference?
The questioner : Implicit, yes, yes, implicit and explicit.
The Shaykh : Implicit and explicit. If a man says to his wife, "Go to your family."
The questioner: Yes.
The Shaykh : And he is asked, "What did you intend?" and he says, "By Allah, I was just a little angry," then she goes until he returns to his natural state, not intending to divorce her, and he is heard. But if he divorced her explicitly, he is not heard.
The questioner : He meant, when he informed them, he did not tell them, "I am divorcing my wife," but said, "I have already divorced her previously"?
The Shaykh : That is worse, that is worse.
The questioner : That is worse.
The Shaykh : Yes, exactly.
The questioner : Okay, may Allah reward you with good.
The Shaykh : And beware, my brother, and peace be upon you.
Another questioner: Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
Another questioner : Shaykh, this is an inquiry, not a question in jurisprudence or...
The Shaykh : Yes.
Another questioner : We heard that you are going to Saudi Arabia?
The Shaykh : I went, performed Hajj, and returned.
Another questioner : We heard that you are going to reside there?
The Shaykh : You heard incorrectly; the one who told you told you incorrectly.
Another questioner : Meaning, there is nothing to that report.
The Shaykh: Yes.
The questioner : And we would like, if possible, to get your phone number or know where your base is?
The Shaykh : You have my phone number, and that is why you were able to call.
The questioner : May Allah reward you with good, peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.