Is a promise to divorce considered a divorce?
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Question: His Excellency the President of the General Authority for Islamic Research and Ifta, may Allah preserve him.
O honorable scholar: I ordered my wife to take all the belongings of her house to her family, and I asked her brothers to do so. I promised them that I would give them her divorce paper on Saturday, if Allah wills. That was on a Friday, but I changed my mind about divorcing her, and no divorce preceded or followed it.
I ask you to kindly issue a ruling regarding my promise to her brothers and the taking of her household belongings. Is it considered a divorce or not, since nothing happened other than what was mentioned? May Allah preserve you.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
If the situation is as you described above, then your wife remains in your possession and no divorce has taken place; because, given the circumstances you mentioned, you did not divorce her, but rather you promised to send the divorce and then changed your mind. May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
O honorable scholar: I ordered my wife to take all the belongings of her house to her family, and I asked her brothers to do so. I promised them that I would give them her divorce paper on Saturday, if Allah wills. That was on a Friday, but I changed my mind about divorcing her, and no divorce preceded or followed it.
I ask you to kindly issue a ruling regarding my promise to her brothers and the taking of her household belongings. Is it considered a divorce or not, since nothing happened other than what was mentioned? May Allah preserve you.
Answer: And upon you be peace, and Allah’s mercy and blessings, after that:
If the situation is as you described above, then your wife remains in your possession and no divorce has taken place; because, given the circumstances you mentioned, you did not divorce her, but rather you promised to send the divorce and then changed your mind. May Allah guide everyone to what pleases Him.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
