A Question Regarding Divorce Conditioned on a Specific Event
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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 grant him success in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 2024, dated 28/6/1393 AH, which is a response to my letter, number 934, dated 11/5/1393 AH, has been received, may Allah guide you. It contained the information regarding the attendance of the divorced woman, M. M., and her guardian, as well as the witness who was present at the time of the divorce before your eminence. It stated that the aforementioned husband did nothing other than what we mentioned in our aforementioned letter, which was known.
I have reviewed the attached document, issued by the dictation of your esteemed assistant, number 286, dated 18/11/1391 AH, and found that it states the confirmation of the aforementioned husband's divorce of his wife with one divorce on the date of 1/8/1391 AH, and that he had not divorced her before that.
Answer: Based on this, and on what the aforementioned husband acknowledged to me—as in my aforementioned letter—that he became angry with the aforementioned wife due to a conversation that took place between them at night, so he said to her: "If you do not behave with good character, you are divorced." She said: "Divorce me." He then called his brother and informed him of what was mentioned, and said to him: "She is divorced because she refused to behave with good character, and his intention with that was a divorce conditioned on her not behaving with good character. He had previously divorced her once while she was pregnant, and wrote a document for her to that effect. Then, after the birth, he married her under the supervision of your eminence, and he did not divorce her except for that. I issued a ruling to him that two divorces have occurred with his wife due to that, and he may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful for him except with a new marriage, with its conditions considered valid by the Shari'ah; because the scriptural evidence indicates that, as is not hidden.
I hope you will inform him and the guardian of the divorced woman of this.
May Allah reward your efforts and bless your endeavors.
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 2024, dated 28/6/1393 AH, which is a response to my letter, number 934, dated 11/5/1393 AH, has been received, may Allah guide you. It contained the information regarding the attendance of the divorced woman, M. M., and her guardian, as well as the witness who was present at the time of the divorce before your eminence. It stated that the aforementioned husband did nothing other than what we mentioned in our aforementioned letter, which was known.
I have reviewed the attached document, issued by the dictation of your esteemed assistant, number 286, dated 18/11/1391 AH, and found that it states the confirmation of the aforementioned husband's divorce of his wife with one divorce on the date of 1/8/1391 AH, and that he had not divorced her before that.
Answer: Based on this, and on what the aforementioned husband acknowledged to me—as in my aforementioned letter—that he became angry with the aforementioned wife due to a conversation that took place between them at night, so he said to her: "If you do not behave with good character, you are divorced." She said: "Divorce me." He then called his brother and informed him of what was mentioned, and said to him: "She is divorced because she refused to behave with good character, and his intention with that was a divorce conditioned on her not behaving with good character. He had previously divorced her once while she was pregnant, and wrote a document for her to that effect. Then, after the birth, he married her under the supervision of your eminence, and he did not divorce her except for that. I issued a ruling to him that two divorces have occurred with his wife due to that, and he may take her back as long as she is in the waiting period. If she has exited the waiting period, she is not lawful for him except with a new marriage, with its conditions considered valid by the Shari'ah; because the scriptural evidence indicates that, as is not hidden.
I hope you will inform him and the guardian of the divorced woman of this.
May Allah reward your efforts and bless your endeavors.
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.