Does the exception by will affect the establishment of an oath or divorce?
Machine translationRead the Arabic original
The Shaykh : And this person says, "Does the exception by will affect the establishment of an oath or divorce? What is the correct opinion in this matter?"
As for the oath, the Prophet (peace and blessings be upon him) explicitly stated the ruling on that. As for divorce, if a man says to his wife, "You are divorced, if Allah wills," and his intention is that if Allah wills, she is divorced by this phrase, then she is divorced, because we know from the Shari'ah that if a man says "if Allah wills," his wife is divorced. So it is looked into... If he says, "You are divorced, if Allah wills," meaning if Allah wills that you are divorced by this formula, she is divorced. But if he says, "You are divorced, if Allah wills," meaning if Allah wills another cause or another divorce other than this one, then she is not divorced. Do you understand?
The questioner : Repeat it, Shaykh, I did not understand.
The Shaykh : I say: If he says, "You are divorced, if Allah wills," meaning if Allah wills that you are divorced by this formula, then she is divorced, because the intention behind this is, in reality, affirmation. But if he says "if Allah wills" regarding a future divorce whose cause will occur later, then it is looked into: if the cause of the divorce occurs later, whether it is conditional or not, she is divorced; otherwise, she is not.
As for the oath, the Prophet (peace and blessings be upon him) explicitly stated the ruling on that. As for divorce, if a man says to his wife, "You are divorced, if Allah wills," and his intention is that if Allah wills, she is divorced by this phrase, then she is divorced, because we know from the Shari'ah that if a man says "if Allah wills," his wife is divorced. So it is looked into... If he says, "You are divorced, if Allah wills," meaning if Allah wills that you are divorced by this formula, she is divorced. But if he says, "You are divorced, if Allah wills," meaning if Allah wills another cause or another divorce other than this one, then she is not divorced. Do you understand?
The questioner : Repeat it, Shaykh, I did not understand.
The Shaykh : I say: If he says, "You are divorced, if Allah wills," meaning if Allah wills that you are divorced by this formula, then she is divorced, because the intention behind this is, in reality, affirmation. But if he says "if Allah wills" regarding a future divorce whose cause will occur later, then it is looked into: if the cause of the divorce occurs later, whether it is conditional or not, she is divorced; otherwise, she is not.