A man conditioned his divorce on leaving; is he allowed to retract that?
Machine translationRead the Arabic original
The questioner : My question is a jurisprudential one, O our Shaykh. A man divorced his wife with a conditional divorce by saying, for example, "You are divorced if you leave the house." She did not leave, and then he regretted it and wanted to be released from this situation he fell into. Is it permissible for him to retract, knowing that she had committed to staying at first? Or does this phrase remain in effect even if he retracts? May Allah reward you.
The Shaykh : You are saying that she did not leave?
The questioner : She did not leave.
The Shaykh : And the conditional divorce was conditioned on her leaving?
The questioner : Yes.
The Shaykh : What appears to me is that he did not intend a permanent departure, but rather for a specific occasion. Since she did not leave for that occasion, there is no longer a conditional divorce.
The questioner : Yes.
The Shaykh : There is no longer a conditional divorce.
The questioner : So this is concluded.
The Shaykh : Yes, exactly.
The questioner : May Allah bless you.
The Shaykh : Please go ahead.
The Shaykh : You are saying that she did not leave?
The questioner : She did not leave.
The Shaykh : And the conditional divorce was conditioned on her leaving?
The questioner : Yes.
The Shaykh : What appears to me is that he did not intend a permanent departure, but rather for a specific occasion. Since she did not leave for that occasion, there is no longer a conditional divorce.
The questioner : Yes.
The Shaykh : There is no longer a conditional divorce.
The questioner : So this is concluded.
The Shaykh : Yes, exactly.
The questioner : May Allah bless you.
The Shaykh : Please go ahead.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.