Is a conditional divorce tied to intention?
Machine translationRead the Arabic original
The questioner : ... As for the one who says that this conditional divorce ... depends on his intention, if he intends a divorce that takes effect if he breaks his oath.
The Shaykh : ... This is what we, our brothers, ... always say, but for a divorce to take effect, there are conditions. If a man says to his wife, "You are divorced."
The questioner: Yes.
The Shaykh : ... This is an explicit divorce; there is no intention or such. But I have long been unaware whether you heard this from me or not. I do not condition a divorce on the presence of witnesses.
The questioner: Yes.
The Shaykh : ... So a divorce that was not witnessed remains conditional, meaning it has no effect, but it has weight. If he wants to execute it, he brings two witnesses. How? No, I ... So the one who pronounces a conditional divorce, as I said, is looked at in terms of his intention, but what follows from looking at his intention, as long as witnessing is necessary?
The questioner : ... It is possible that he witnessed it or he did not witness it, meaning he is asked for details.
The Shaykh : ... The important thing is that witnessing is necessary.
The questioner : ... Does witnessing occur by informing, for example, he comes to ask the shaykh for a ruling and there are people present, and he says, "I have divorced."
The Shaykh : ... No, it is necessary, meaning he must inform them of the reality and witness that he divorced his wife, not just mere knowledge.
The questioner : ... Informing and knowledge are not sufficient.
The Shaykh : ... It is not sufficient, because they are the ones who handle the response. What do you want to ask you?
The Shaykh : ... This is what we, our brothers, ... always say, but for a divorce to take effect, there are conditions. If a man says to his wife, "You are divorced."
The questioner: Yes.
The Shaykh : ... This is an explicit divorce; there is no intention or such. But I have long been unaware whether you heard this from me or not. I do not condition a divorce on the presence of witnesses.
The questioner: Yes.
The Shaykh : ... So a divorce that was not witnessed remains conditional, meaning it has no effect, but it has weight. If he wants to execute it, he brings two witnesses. How? No, I ... So the one who pronounces a conditional divorce, as I said, is looked at in terms of his intention, but what follows from looking at his intention, as long as witnessing is necessary?
The questioner : ... It is possible that he witnessed it or he did not witness it, meaning he is asked for details.
The Shaykh : ... The important thing is that witnessing is necessary.
The questioner : ... Does witnessing occur by informing, for example, he comes to ask the shaykh for a ruling and there are people present, and he says, "I have divorced."
The Shaykh : ... No, it is necessary, meaning he must inform them of the reality and witness that he divorced his wife, not just mere knowledge.
The questioner : ... Informing and knowledge are not sufficient.
The Shaykh : ... It is not sufficient, because they are the ones who handle the response. What do you want to ask you?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.