Divorce conditional on a condition that takes effect when the condition is met
Machine translationRead the Arabic original
Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, Mr. A. M. 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, dated 21/6/1388 AH, has reached us, may Allah guide you. It contained the question: whether there is a means to invalidate a conditional divorce through charity or fasting.
And the answer: I am not aware of any evidence that invalidates a conditional divorce through charity or fasting. It is well known among the scholars that a divorce conditional on a condition takes effect when the condition is met, and neither fasting nor charity suffices to negate it.
However, some scholars distinguished between conditions, holding that some conditions do not trigger the divorce if the person who made the condition did not intend to effect it, but rather intended something else. This view is the weaker position, and the apparent evidence from the Shari'ah and the fatwa of the majority of scholars is to the contrary. May Allah grant all understanding of His religion.
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, dated 21/6/1388 AH, has reached us, may Allah guide you. It contained the question: whether there is a means to invalidate a conditional divorce through charity or fasting.
And the answer: I am not aware of any evidence that invalidates a conditional divorce through charity or fasting. It is well known among the scholars that a divorce conditional on a condition takes effect when the condition is met, and neither fasting nor charity suffices to negate it.
However, some scholars distinguished between conditions, holding that some conditions do not trigger the divorce if the person who made the condition did not intend to effect it, but rather intended something else. This view is the weaker position, and the apparent evidence from the Shari'ah and the fatwa of the majority of scholars is to the contrary. May Allah grant all understanding of His religion.
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.
