When 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 esteemed President of the Courts of al-Hasa, may Allah guide him to all that is good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 6550, dated 1/9/1393 AH, has reached us, may Allah guide you, and I have reviewed all the attached papers concerning the divorce of the husband, A. 'U. N., from his wife.
I inform you that after asking him about his intention regarding the conditional divorce and prohibition, which was tied to marrying his daughter D. to someone other than 'U. 'U. Q., he answered that his intention was to urge himself to marry his daughter to the aforementioned person in the future, and that if she is married to someone else with his consent and approval, his wife would be divorced with three divorces and forbidden to him. This is how he answered, and he repeated the prohibition and divorce three times with the intention of emphasis. This is what he said.
Answer: Based on this, I issued a ruling to him that his aforementioned wife remains in his marriage bond; because the condition for the divorce and prohibition has not occurred until the date in question, and it is not hidden that a condition attached to something does not take effect without it. When his daughter is married to someone other than the aforementioned person, one divorce takes effect on his wife by that—according to the more correct of the two opinions of the scholars—due to the well-known hadith of Ibn 'Abbas (may Allah be pleased with him) regarding this matter. He also owes the expiation for zihar if his daughter is married to someone other than the aforementioned person; because he intended to prohibit her by that.
I hope you will notify the wife's father of this; so that he may deliver his wife to him.
May Allah reward your efforts, bless your endeavors, and absolve the responsibility of everyone; He is indeed Generous and Bountiful.
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:
O Beloved: Your noble letter, number 6550, dated 1/9/1393 AH, has reached us, may Allah guide you, and I have reviewed all the attached papers concerning the divorce of the husband, A. 'U. N., from his wife.
I inform you that after asking him about his intention regarding the conditional divorce and prohibition, which was tied to marrying his daughter D. to someone other than 'U. 'U. Q., he answered that his intention was to urge himself to marry his daughter to the aforementioned person in the future, and that if she is married to someone else with his consent and approval, his wife would be divorced with three divorces and forbidden to him. This is how he answered, and he repeated the prohibition and divorce three times with the intention of emphasis. This is what he said.
Answer: Based on this, I issued a ruling to him that his aforementioned wife remains in his marriage bond; because the condition for the divorce and prohibition has not occurred until the date in question, and it is not hidden that a condition attached to something does not take effect without it. When his daughter is married to someone other than the aforementioned person, one divorce takes effect on his wife by that—according to the more correct of the two opinions of the scholars—due to the well-known hadith of Ibn 'Abbas (may Allah be pleased with him) regarding this matter. He also owes the expiation for zihar if his daughter is married to someone other than the aforementioned person; because he intended to prohibit her by that.
I hope you will notify the wife's father of this; so that he may deliver his wife to him.
May Allah reward your efforts, bless your endeavors, and absolve the responsibility of everyone; He is indeed Generous and Bountiful.
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.