Ruling on one who conditions his wife's divorce on a condition, and she commits it while forgetful
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Shaykh / S. 'A. 'A., may Allah guide him, amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your two noble letters, dated 13/2/1393 AH, 15, 16/2/1393 AH, have reached me, may Allah guide you, containing the information about the nature of the divorce that occurred from the aforementioned husband to his wife:
That he said to her: "If you expose my sister and my maternal uncle to what they did not speak of, you are divorced three times," and the information that after a period of twenty-five days she exposed them, claiming that she did not remember his aforementioned statement, while admitting that he had not divorced her before that, and also admitting that she desires to remain with the aforementioned husband, was known.
And we asked the aforementioned husband about what happened, and he answered with what your virtue mentioned, as he answered that he had not divorced her before that or after it, and when asked about his intention, he answered that he did not intend to separate from her, but rather intended to prevent her from exposing the aforementioned people and to frighten her from doing so; thus he answered.
Answer: And based on all that has been mentioned, I issued a ruling to the aforementioned husband and his aforementioned wife: that the aforementioned divorce did not occur, and his aforementioned wife remains in his protection; because she did the condition upon which it was suspended while forgetful, and Allah the Exalted said: [al-Baqarah: 286], so Allah the Exalted said: "He has already done so," as the report regarding this is authentic from the Prophet (peace and blessings be upon him), as is not hidden, and the most correct of the scholars' opinions is: that if the one upon whom the oath is made does the condition while forgetful or ignorant, then what was suspended does not occur, but if she does that intentionally in the future, then upon her husband is an expiation for an oath for that - in the most correct of the scholars' opinions - because his aforementioned condition is in the ruling of an oath, as is not hidden.
So I hope to inform everyone of that - may Allah reward you, and guide your steps.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your two noble letters, dated 13/2/1393 AH, 15, 16/2/1393 AH, have reached me, may Allah guide you, containing the information about the nature of the divorce that occurred from the aforementioned husband to his wife:
That he said to her: "If you expose my sister and my maternal uncle to what they did not speak of, you are divorced three times," and the information that after a period of twenty-five days she exposed them, claiming that she did not remember his aforementioned statement, while admitting that he had not divorced her before that, and also admitting that she desires to remain with the aforementioned husband, was known.
And we asked the aforementioned husband about what happened, and he answered with what your virtue mentioned, as he answered that he had not divorced her before that or after it, and when asked about his intention, he answered that he did not intend to separate from her, but rather intended to prevent her from exposing the aforementioned people and to frighten her from doing so; thus he answered.
Answer: And based on all that has been mentioned, I issued a ruling to the aforementioned husband and his aforementioned wife: that the aforementioned divorce did not occur, and his aforementioned wife remains in his protection; because she did the condition upon which it was suspended while forgetful, and Allah the Exalted said:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لاَ تُؤَاخِذْنَا إِن نَّسِينَا أو أَخْطَأْنَاSo I hope to inform everyone of that - may Allah reward you, and guide your steps.
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.