Does a conditional divorce take effect?
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the Shaykh / A. L., may Allah grant him understanding, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your noble letter, dated 22/3/1392 AH, has been received, and what you mentioned regarding the divorce of the brother: H. A. M., was known.
The aforementioned brother came to me, and I asked him about the nature of the incident, and he answered: A dispute arose between him and the doorkeeper in the mosque of (Sa'id ibn Jubayr) — known in Jeddah — named: A. A. M., which lasted a long time. Following that, he said: "I divorce you three times; I will not work with him in the same job. Either (H) remains in the job and (A) leaves, or the reverse." This is how (H) answered, as he also answered that he had not divorced his wife before this divorce.
Answer: Based on that, I instructed him to bring her to you to ask her about what she knows:
If she does not know that he divorced her with anything other than this divorce, then there is no blame on him to share the job with the aforementioned (A) in the aforementioned mosque, and this divorce counts as one divorce for the wife; because he intended to effect the divorce on her if he worked with him in the same job. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that such a divorce is considered one divorce, and he may take her back immediately after they work together.
However, if she claims the opposite of what (H) said, or claims that he had divorced her before this divorce, then I hope you will inform us of her answer; so that we may look into that.
May Allah reward you and bless you.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your noble letter, dated 22/3/1392 AH, has been received, and what you mentioned regarding the divorce of the brother: H. A. M., was known.
The aforementioned brother came to me, and I asked him about the nature of the incident, and he answered: A dispute arose between him and the doorkeeper in the mosque of (Sa'id ibn Jubayr) — known in Jeddah — named: A. A. M., which lasted a long time. Following that, he said: "I divorce you three times; I will not work with him in the same job. Either (H) remains in the job and (A) leaves, or the reverse." This is how (H) answered, as he also answered that he had not divorced his wife before this divorce.
Answer: Based on that, I instructed him to bring her to you to ask her about what she knows:
If she does not know that he divorced her with anything other than this divorce, then there is no blame on him to share the job with the aforementioned (A) in the aforementioned mosque, and this divorce counts as one divorce for the wife; because he intended to effect the divorce on her if he worked with him in the same job. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that such a divorce is considered one divorce, and he may take her back immediately after they work together.
However, if she claims the opposite of what (H) said, or claims that he had divorced her before this divorce, then I hope you will inform us of her answer; so that we may look into that.
May Allah reward you and bless you.
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.