A man said: If my son marries so-and-so, then his mother is divorced. What is the ruling of the Shari'ah in this matter?
Machine translationRead the Arabic original
The questioner : ... so he was repeating everything that was coming... if my son marries this so-and-so, then... his mother is divorced.
The Shaykh: Yes.
The questioner : ... just that, is she his wife now, and his son married without his knowledge or consent and went ahead, but the son married and then... , so now he is living... regarding his wife, he doesn't know, what is the ruling of the Shari'ah regarding his wife?
The Shaykh : Listen, first, the divorce is according to the intention of this person. If he actually intended to divorce his wife if the son married that girl against his father's will.
The questioner: Yes.
The Shaykh : Then this has a ruling. And if he intended behind that to threaten the son with a threat.
The questioner: Yes.
The Shaykh : To prevent him from marrying that girl, and he does not actually intend to divorce his wife.
The questioner: Yes.
The Shaykh : Has the difference become clear to you up to here?
The questioner : Yes, I tell you, he said his mother... .
The Shaykh : Listen, may Allah guide you, I am telling you, repeat to me what he said. I thought you would repeat to me what I told you, because I asked you if you understood me up to here.
The questioner : Yes, I understood up to here.
The Shaykh : Okay, why are you repeating the man's question to me?
The questioner : Ah, okay, please go ahead... .
The Shaykh : I am repeating it to you now so that you grasp the issue and understand it well.
The questioner: Go ahead.
The Shaykh : The word the man said, if he means preventing the son from marrying and warning him that he will divorce the wife if he marries, then this has a ruling. And if he actually intends to divorce his wife if the son marries, has the difference become clear to you?
The questioner : It has become clear.
The Shaykh: Yes.
The questioner : It has become clear.
The Shaykh : Good, so here we ask the man: What was your intention? Was your intention to frighten the son, or was your intention to divorce your wife? If his intention was to divorce the son, then do not divorce your wife. If it was a slip of the tongue, if his intention was to frighten the son, then the wife is his wife and she is not divorced.
The questioner: Yes.
The Shaykh : But if he actually intends to divorce his wife, then here other matters remain that are required for the divorce to be a Shari'ah divorce. Among them, and this is one of the most important matters that is hidden from many people, is that if a man resolves to divorce his wife, the divorce, even if it is explicit, does not take place unless he witnesses two just witnesses.
The questioner : I want to understand this phrase.
The Shaykh : Unless he witnesses two just witnesses that he divorced his wife. From your question, I infer that the man did not intend to divorce his wife; he wants to prevent his son from marrying.
The questioner: Correct.
The Shaykh : If that is the case, then there is no divorce.
The questioner : So there is no divorce.
The Shaykh : And if he actually intends the divorce, as I told you just now, then his divorce of his wife is contingent upon witnessing.
The questioner : Upon witnessing.
The Shaykh : Yes, is it clear to you?
The questioner : Yes, it is clear.
The Shaykh: Peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh: Yes.
The questioner : ... just that, is she his wife now, and his son married without his knowledge or consent and went ahead, but the son married and then... , so now he is living... regarding his wife, he doesn't know, what is the ruling of the Shari'ah regarding his wife?
The Shaykh : Listen, first, the divorce is according to the intention of this person. If he actually intended to divorce his wife if the son married that girl against his father's will.
The questioner: Yes.
The Shaykh : Then this has a ruling. And if he intended behind that to threaten the son with a threat.
The questioner: Yes.
The Shaykh : To prevent him from marrying that girl, and he does not actually intend to divorce his wife.
The questioner: Yes.
The Shaykh : Has the difference become clear to you up to here?
The questioner : Yes, I tell you, he said his mother... .
The Shaykh : Listen, may Allah guide you, I am telling you, repeat to me what he said. I thought you would repeat to me what I told you, because I asked you if you understood me up to here.
The questioner : Yes, I understood up to here.
The Shaykh : Okay, why are you repeating the man's question to me?
The questioner : Ah, okay, please go ahead... .
The Shaykh : I am repeating it to you now so that you grasp the issue and understand it well.
The questioner: Go ahead.
The Shaykh : The word the man said, if he means preventing the son from marrying and warning him that he will divorce the wife if he marries, then this has a ruling. And if he actually intends to divorce his wife if the son marries, has the difference become clear to you?
The questioner : It has become clear.
The Shaykh: Yes.
The questioner : It has become clear.
The Shaykh : Good, so here we ask the man: What was your intention? Was your intention to frighten the son, or was your intention to divorce your wife? If his intention was to divorce the son, then do not divorce your wife. If it was a slip of the tongue, if his intention was to frighten the son, then the wife is his wife and she is not divorced.
The questioner: Yes.
The Shaykh : But if he actually intends to divorce his wife, then here other matters remain that are required for the divorce to be a Shari'ah divorce. Among them, and this is one of the most important matters that is hidden from many people, is that if a man resolves to divorce his wife, the divorce, even if it is explicit, does not take place unless he witnesses two just witnesses.
The questioner : I want to understand this phrase.
The Shaykh : Unless he witnesses two just witnesses that he divorced his wife. From your question, I infer that the man did not intend to divorce his wife; he wants to prevent his son from marrying.
The questioner: Correct.
The Shaykh : If that is the case, then there is no divorce.
The questioner : So there is no divorce.
The Shaykh : And if he actually intends the divorce, as I told you just now, then his divorce of his wife is contingent upon witnessing.
The questioner : Upon witnessing.
The Shaykh : Yes, is it clear to you?
The questioner : Yes, it is clear.
The Shaykh: Peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.