Is the preponderance of probability acted upon in divorce and other matters?
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The questioner : The question, O Shaykh, is whether the preponderance of probability is acted upon in the book of divorce, or whether certainty is required
The Shaykh : In what?
The questioner : in the book of divorce
The Shaykh : in the book of divorce
The questioner : Is the preponderance of probability acted upon, or is certainty required in that?
The Shaykh : And what is meant by the book of divorce?
The questioner : Or do you mean the book of divorce is the book of transactions? Because we found a statement by Imam al-Nawawi in al-Majmu' that, for example, the jurists' terminology differs from that of the usuliyyun. For instance, the usuliyyun define doubt as wavering between two matters, and they have a known division. But the jurists, as you know, consider doubt to be doubt even if there is a preponderance of probability. However, is this acted upon, for example, in the book of divorce? And if someone says, for example, "I took you back while lying," is that considered a raj'ah (taking back a wife)?
The Shaykh : Listen, may Allah reward you. First, what is established by certainty is not removed by probability. This is the established rule: what is established by certainty cannot be removed by probability. Therefore, when it was reported to the Prophet (peace and blessings be upon him) that a man felt something in his belly and feared he had broken his wudu, he said:Sahih Muslim 361 So certainty is not removed by probability; certainty is not removed except by certainty. Based on this, if a man conditions his divorce of his wife on something and doubts whether that thing occurred or not, there is no divorce upon him, even if it is probable in his mind that it occurred. Do you understand? As for the issue of distinguishing between probability and doubt, it is well known that the usuliyyun divide perception into five categories: knowledge, probability, doubt, wavering, and ignorance. As for the jurists, they say certainty only, and probability does not remove certainty. And this is an important rule. Yes.
The Shaykh : In what?
The questioner : in the book of divorce
The Shaykh : in the book of divorce
The questioner : Is the preponderance of probability acted upon, or is certainty required in that?
The Shaykh : And what is meant by the book of divorce?
The questioner : Or do you mean the book of divorce is the book of transactions? Because we found a statement by Imam al-Nawawi in al-Majmu' that, for example, the jurists' terminology differs from that of the usuliyyun. For instance, the usuliyyun define doubt as wavering between two matters, and they have a known division. But the jurists, as you know, consider doubt to be doubt even if there is a preponderance of probability. However, is this acted upon, for example, in the book of divorce? And if someone says, for example, "I took you back while lying," is that considered a raj'ah (taking back a wife)?
The Shaykh : Listen, may Allah reward you. First, what is established by certainty is not removed by probability. This is the established rule: what is established by certainty cannot be removed by probability. Therefore, when it was reported to the Prophet (peace and blessings be upon him) that a man felt something in his belly and feared he had broken his wudu, he said: