Euphemism: If not accompanied by intention, it does not result in divorce
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Question: From 'Abd al-Razzaq ibn 'Abd Allah ibn Baz to the honorable brother, the distinguished Director General of the Ministry of Justice branch in Ha'il, may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (1021), dated 24/8/1398 AH, which is a response to my letter number (1157/Kh), dated 11/8/1398 AH, has been received, may Allah guide you. It contained the information regarding the presence of the husband R. Sh., his wife, and her father before your eminence, and his statement that he did not intend divorce when he said to her: "You are committing adultery," just as he did not intend it when he said to her: "If good befalls you, it will befit you," but rather he intended to frighten her and discipline her, up to what you mentioned. This is known.
Answer: We inform you that based on this, and on his admission in the attached letter that he divorced her according to the Shari'ah while she was pregnant, and that he took her back immediately, and on her confirmation of the nature of the event and her father's lack of any contrary claim, we issued a fatwa to him that only one divorce took effect on her, which was the one he effected with explicit words of divorce, and his taking her back is valid. As for his saying to her: "You are committing adultery," and his saying to her: "If good befalls you, it will befit you," nothing of divorce takes effect on them; because they are euphemisms not accompanied by the intention of divorce, so no divorce takes effect by them in the most correct of the opinions of the scholars. We hope your eminence will inform everyone of the aforementioned fatwa. May Allah reward you and thank your efforts. Peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, your noble letter number (1021), dated 24/8/1398 AH, which is a response to my letter number (1157/Kh), dated 11/8/1398 AH, has been received, may Allah guide you. It contained the information regarding the presence of the husband R. Sh., his wife, and her father before your eminence, and his statement that he did not intend divorce when he said to her: "You are committing adultery," just as he did not intend it when he said to her: "If good befalls you, it will befit you," but rather he intended to frighten her and discipline her, up to what you mentioned. This is known.
Answer: We inform you that based on this, and on his admission in the attached letter that he divorced her according to the Shari'ah while she was pregnant, and that he took her back immediately, and on her confirmation of the nature of the event and her father's lack of any contrary claim, we issued a fatwa to him that only one divorce took effect on her, which was the one he effected with explicit words of divorce, and his taking her back is valid. As for his saying to her: "You are committing adultery," and his saying to her: "If good befalls you, it will befit you," nothing of divorce takes effect on them; because they are euphemisms not accompanied by the intention of divorce, so no divorce takes effect by them in the most correct of the opinions of the scholars. We hope your eminence will inform everyone of the aforementioned fatwa. May Allah reward you and thank your efforts. Peace be upon you and the mercy of Allah and His blessings.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.