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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on a man saying to his wife, "You are divorced," at a time when divorce is not permissible?

Machine translationRead the Arabic original
The questioner : I mean, the man who says to his wife "divorced" does not mean...

The Shaykh : Never.

The questioner : Should this not be a door for laxity for those with weak faith? It is not hidden from you that many Muslims are ignorant of the matters of their religion, and even some who are not ignorant... that is, not... that adherence, so this word becomes frequent on tongues, should it not be from...

The Shaykh : ...we issue a fatwa, meaning we issue them a fatwa of divorce... here

The questioner : No, no, no, this is not... so these are signs that neither advance nor delay

The Shaykh : Yes, we advise them, and as you know, every night dozens of questions of this type come to me...

The questioner : ... .

The Shaykh : When one is like this and you tell him this divorce did not take place, but they say be careful, pay attention, do not return a second time to such a word, because not every time is the pot safe, why? Because we know most of the sheikhs do not issue a fatwa with this detail because they do not have knowledge of the correct Sunnah, so perhaps this man's word is transferred to a sheikh among the sheikhs who will tell him you divorced

The questioner : Of course

The Shaykh : And perhaps yes, and perhaps he divorced her three times, so she is not lawful to him thereafter until she marries another husband, be careful, do not return to such a thing, because not every time is the pot safe, then you must control your nerves, and the Messenger of Allah (peace and blessings be upon him) said to that man when he came to him saying "O Messenger of Allah, advise me", he said to him one word
Do not get angry لا تغضب
, he said "O Messenger of Allah, advise me", he said to him
Do not get angry لا تغضب
three times, O Messenger of Allah, advise me, he said
Do not get angry لا تغضب
, so I found all good in leaving anger, and therefore he said in another hadith
Do you know who the strong one is? أتدرون من الصرعة ؟
, they said "The strong one among us is the one who wrestles people and overpowers them", he said
A strong person is not the person who throws his adversaries to the ground. A strong person is the person who contains himself when he is angry. ليس الشديد بالصرعة ولكن الشديد من يملك نفسه عند الغضب
Muwatta Malik 47:12


The questioner : Allahu Akbar.

The Shaykh : So this... the way is not on the path, go arrange another wife, this is the destruction of the home, and this reminds me of the complete wisdom of the precise legislation in the system of divorce in Islam, that a Bedouin man contracts his marriage to a woman and sets conditions
There is no marriage except with a guardian and two just witnesses. لا نكاح إلا بولي وشاهدي عدل
Sunan al-Bayhaqi 10:1088
, so the guardian and witnesses from the Muslims, two, this home that is established with the permission of the guardian and two just witnesses, it is not permissible to demolish it from its foundation with an angry outburst, if it must be demolished, like a material house, do you see a sane person build a house and live with this house for many years and then demolish it without awareness, without feeling, without... this is impossible, and this is in a matter of what? Material, which is easy to compensate for, so what about the marital bond, and he may have children from it, etc., so this building, just as it was established with this deliberation, its dissolution is all the more required to be with this deliberation, and therefore you heard the conditions for pronouncing divorce, this is from the favor of Islam.

The questioner : May Allah reward you with good, O Shaykh
Another questioner: ... you mentioned the witnesses

The Shaykh : how
Another questioner: Your presence mentioned the witnesses

The Shaykh : Yes, it is also necessary to have witnesses in divorce

The questioner : ... my lord, with the divorce upon her

The Shaykh : How?
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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