The ruling on one who threatens divorce in the future
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother / 'A. F. B. May Allah guide him. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
One who calls himself: H. M. 'A, told me that he had previously divorced his wife twice, then took her back. Then a dispute arose between them lasting about two months, so she asked him for a divorce. At that time, she was in a state that prevented her from praying, so he said to her: "When you are pure, I will divorce you." Then he regretted it and she regretted it, so he did not divorce her. This is what he said, and he sought my ruling on the matter?
And the answer: If the reality is as the husband stated, then the last divorce did not take place, and his wife remains in his marriage bond; because his saying: "When you are pure, I will divorce you," is not a divorce, but rather a threat of divorce.
As for if the reality is other than what the husband stated, then she should attend with him at the Ifta Committee at the Ifta Department in Riyadh; to inform them of what you have, and seek their ruling on it. They – if Allah wills – will issue a ruling for you based on what the pure Shari'ah requires, or inform me and I will look into it – if Allah wills. May Allah guide everyone to what pleases Him.
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:
One who calls himself: H. M. 'A, told me that he had previously divorced his wife twice, then took her back. Then a dispute arose between them lasting about two months, so she asked him for a divorce. At that time, she was in a state that prevented her from praying, so he said to her: "When you are pure, I will divorce you." Then he regretted it and she regretted it, so he did not divorce her. This is what he said, and he sought my ruling on the matter?
And the answer: If the reality is as the husband stated, then the last divorce did not take place, and his wife remains in his marriage bond; because his saying: "When you are pure, I will divorce you," is not a divorce, but rather a threat of divorce.
As for if the reality is other than what the husband stated, then she should attend with him at the Ifta Committee at the Ifta Department in Riyadh; to inform them of what you have, and seek their ruling on it. They – if Allah wills – will issue a ruling for you based on what the pure Shari'ah requires, or inform me and I will look into it – if Allah wills. May Allah guide everyone to what pleases Him.
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.