What is the ruling on divorce if a man says to the wife's brother, "Go to her and tell her that if she does not do such-and-such, she is divorced," and he enters the room but does not inform her, then exits and says to the husband...
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The questioner : Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
May Allah preserve you, O Shaykh: What is the ruling on divorce, in terms of whether it takes effect or not, in the following case: A man said to the wife's brother, "Go to her and tell her: If she does not do such-and-such, she is divorced." He entered the room but did not inform her, then exited and said to the husband, "She refuses to do what you say?"
The Shaykh : To leave what you say.
The questioner : Yes.
The Shaykh : He says, "If she does not do it, and if she does?"
The questioner : Meaning, if she does not do such-and-such, she is divorced.
The Shaykh : Meaning, she refuses to do it?
The questioner : She refuses to do it, and he did not inform her, meaning he lies.
The Shaykh : Meaning, he lied to her. So what did the husband say?
The questioner : He left the house.
The Shaykh : What did the husband say when he was informed that she refused?
The questioner : He said nothing; he left.
The Shaykh : Yes, the divorce does not take effect in this case, because the woman was not informed. If she leaves doing what the husband said at the time he specified, while she is unaware, there is no divorce upon the husband, nor is there an oath upon him. Yes.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
May Allah preserve you, O Shaykh: What is the ruling on divorce, in terms of whether it takes effect or not, in the following case: A man said to the wife's brother, "Go to her and tell her: If she does not do such-and-such, she is divorced." He entered the room but did not inform her, then exited and said to the husband, "She refuses to do what you say?"
The Shaykh : To leave what you say.
The questioner : Yes.
The Shaykh : He says, "If she does not do it, and if she does?"
The questioner : Meaning, if she does not do such-and-such, she is divorced.
The Shaykh : Meaning, she refuses to do it?
The questioner : She refuses to do it, and he did not inform her, meaning he lies.
The Shaykh : Meaning, he lied to her. So what did the husband say?
The questioner : He left the house.
The Shaykh : What did the husband say when he was informed that she refused?
The questioner : He said nothing; he left.
The Shaykh : Yes, the divorce does not take effect in this case, because the woman was not informed. If she leaves doing what the husband said at the time he specified, while she is unaware, there is no divorce upon the husband, nor is there an oath upon him. Yes.