The Ruling on One Who Conditions Divorce and Then Divorces with Three
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Question: From Abdul Aziz ibn Abdullah ibn Baz, to the honorable brother, the virtuous Shaykh / A. A. A, may Allah guide him, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
O Beloved, I have reviewed the letter addressed to me from the brother: Q. S. Q., which contains the admission of the husband: Q. S.—mentioned by his title—regarding what occurred with his wife. He stated that he said to her: "If your brother does not say the word they are disputing over, then you are divorced." Then they went to her brother, and he heard words from him that angered him, so he said: "Look: your sister is divorced with three."
I have also reviewed what your virtue appended to the aforementioned letter, which was an explanation of the attendance of H. and his sister with you, and their confirmation of the husband in what he said. Your virtue did not mention H.'s answer regarding the word for which the husband and his wife were disputing. We asked him, and he answered: that he did not say it.
Answer: Based on that, what I see is: asking the husband about his intention with the aforementioned conditional statement. If his intention is what is apparent from his state and that of his like, that he is truthful in what he said, and his intention is not to separate from his wife, then this is in the ruling of an oath, and its expiation is upon him, and nothing takes place by it. However, if his intention was to effect the divorce if H. did not say the word, then one divorce has taken place upon her by that; because her brother (H.) did not say it according to his admission.
As for his second divorce, I have issued a fatwa to him: that one divorce has taken place upon her by that, which is added to the conditional divorce, if he intended to effect it—as mentioned above—and he has one divorce remaining. He has the right to take her back—in any case—as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates that such a divorce is considered one divorce, as is not hidden. And if the divorce did not take place because he did not intend it, then he has two divorces remaining by that.
So I hope you will inform everyone of the aforementioned fatwa—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. After that:
O Beloved, I have reviewed the letter addressed to me from the brother: Q. S. Q., which contains the admission of the husband: Q. S.—mentioned by his title—regarding what occurred with his wife. He stated that he said to her: "If your brother does not say the word they are disputing over, then you are divorced." Then they went to her brother, and he heard words from him that angered him, so he said: "Look: your sister is divorced with three."
I have also reviewed what your virtue appended to the aforementioned letter, which was an explanation of the attendance of H. and his sister with you, and their confirmation of the husband in what he said. Your virtue did not mention H.'s answer regarding the word for which the husband and his wife were disputing. We asked him, and he answered: that he did not say it.
Answer: Based on that, what I see is: asking the husband about his intention with the aforementioned conditional statement. If his intention is what is apparent from his state and that of his like, that he is truthful in what he said, and his intention is not to separate from his wife, then this is in the ruling of an oath, and its expiation is upon him, and nothing takes place by it. However, if his intention was to effect the divorce if H. did not say the word, then one divorce has taken place upon her by that; because her brother (H.) did not say it according to his admission.
As for his second divorce, I have issued a fatwa to him: that one divorce has taken place upon her by that, which is added to the conditional divorce, if he intended to effect it—as mentioned above—and he has one divorce remaining. He has the right to take her back—in any case—as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates that such a divorce is considered one divorce, as is not hidden. And if the divorce did not take place because he did not intend it, then he has two divorces remaining by that.
So I hope you will inform everyone of the aforementioned fatwa—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.