Conditioning divorce on any disagreement is invalid
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother: S. M. M. May Allah guide him to all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your noble letter, dated [blank], has reached you, may Allah guide you, and it contains the information that a man proposed to a woman, and her father stipulated that if any disagreement or distress of heart occurred on his part, he would divorce her, and she would return his money to him, and he guaranteed her safety in this matter. Your question is about the validity of this condition?
And the answer: There is consideration regarding the validity of this condition and the guarantee. However, if reconciliation between the spouses is possible to continue in the bond of marriage and leave the causes of dispute, that is better. If that is not facilitated and the dispute continues, it is better for the husband to divorce her and take his money—if she does not wish to remain with him—acting in accordance with the saying of Allah the Exalted: [al-Baqarah: 229]. And when the situation deteriorated between Thabit ibn Qays and his wife (may Allah be pleased with them both) due to the wife's lack of love for him, and the woman committed to returning his money to him, the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 5273, and the garden is the mahr (bridal gift) that he paid to her.
May Allah guide everyone to understanding in His religion and steadfastness upon it; He is the best of those asked.
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 [blank], has reached you, may Allah guide you, and it contains the information that a man proposed to a woman, and her father stipulated that if any disagreement or distress of heart occurred on his part, he would divorce her, and she would return his money to him, and he guaranteed her safety in this matter. Your question is about the validity of this condition?
And the answer: There is consideration regarding the validity of this condition and the guarantee. However, if reconciliation between the spouses is possible to continue in the bond of marriage and leave the causes of dispute, that is better. If that is not facilitated and the dispute continues, it is better for the husband to divorce her and take his money—if she does not wish to remain with him—acting in accordance with the saying of Allah the Exalted:
And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself
وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِAccept your garden, and divorce her once.
اقبل الحديقة وطلقها تطليقةMay Allah guide everyone to understanding in His religion and steadfastness upon it; He is the best of those asked.
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.