Conditional Divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the esteemed President of the Bisha Court, may Allah guide you, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your honorable letter, number 181, dated 16/1/1392 AH, has been received, may Allah guide you. It concerns the divorce of the husband, Z. M., from his wife.
We inform you that I have reviewed what you recorded on the matter, and I questioned the aforementioned husband. He denied all the divorce claims made by his brother-in-law, except for the divorce conditioned on running water in the qayd, and the divorce conditioned on marrying his sister to: 'A. M.
He claimed that he conditioned the divorce regarding running water in the qayd on the condition that he would not run it while it was in his possession. That was fulfilled, and it was not run until it became in his brother's possession, so he claims.
When asked about his intention regarding the aforementioned conditions, he answered: that he did not intend to separate from his family when the condition occurred, but rather intended to prevent running water and the qayd in his possession, and to prevent marrying his sister to the aforementioned 'A., and to compel her marriage to: M. F. He has sworn to this.
Answer: It is not hidden that the ruling on such a condition is the ruling of a vow of stubbornness and anger—in the most correct of the scholars' opinions. Therefore, we have issued the ruling that the aforementioned condition does not result in a divorce, and he owes an oath expiation if his sister is married to someone other than M. F.
As for the other conditions, he did not acknowledge them. Even if we assume he acknowledged them or they were proven by evidence, their ruling is the same as what was mentioned, provided his intention was that of an oath, not separating from his family when the condition occurred.
I hope you will inform his brother-in-law of this. I have advised him to fear Allah and to guard his tongue from playing with divorce. May Allah guide everyone to what pleases Him, and may He double the reward for your excellence.
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 honorable letter, number 181, dated 16/1/1392 AH, has been received, may Allah guide you. It concerns the divorce of the husband, Z. M., from his wife.
We inform you that I have reviewed what you recorded on the matter, and I questioned the aforementioned husband. He denied all the divorce claims made by his brother-in-law, except for the divorce conditioned on running water in the qayd, and the divorce conditioned on marrying his sister to: 'A. M.
He claimed that he conditioned the divorce regarding running water in the qayd on the condition that he would not run it while it was in his possession. That was fulfilled, and it was not run until it became in his brother's possession, so he claims.
When asked about his intention regarding the aforementioned conditions, he answered: that he did not intend to separate from his family when the condition occurred, but rather intended to prevent running water and the qayd in his possession, and to prevent marrying his sister to the aforementioned 'A., and to compel her marriage to: M. F. He has sworn to this.
Answer: It is not hidden that the ruling on such a condition is the ruling of a vow of stubbornness and anger—in the most correct of the scholars' opinions. Therefore, we have issued the ruling that the aforementioned condition does not result in a divorce, and he owes an oath expiation if his sister is married to someone other than M. F.
As for the other conditions, he did not acknowledge them. Even if we assume he acknowledged them or they were proven by evidence, their ruling is the same as what was mentioned, provided his intention was that of an oath, not separating from his family when the condition occurred.
I hope you will inform his brother-in-law of this. I have advised him to fear Allah and to guard his tongue from playing with divorce. May Allah guide everyone to what pleases Him, and may He double the reward for your excellence.
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.