What is the ruling on a man who marries a woman outside his country and intends to divorce her after a certain period?
Machine translationRead the Arabic original
The Shaykh: My brother, the wife's country is a land of disbelief, not a land of Islam.
The questioner : ... .
The Shaykh: Okay, then.
The questioner : ... .
The Shaykh: And why this foolishness?
The questioner : ... .
The Shaykh: O Shaykh, may Allah guide you, this question.
The questioner : ... .
The Shaykh: I am telling you, why this foolishness?
The questioner : ... .
The Shaykh: O Shaykh, pay attention to what I am saying: why this foolishness? What is the difference between intending and not intending?
The questioner : ... .
The Shaykh : What is the difference?
The questioner : ... .
The Shaykh: What is wrong with you? You are not understanding me? Why are you not understanding me?
The questioner : ... .
The Shaykh: Okay, my brother, may Allah guide you, tell me what you did not understand, tell me what you did not understand, and do not make us repeat the words over and over again, you and I. I am saying, what is this foolishness? What is the difference between if he intended or did not intend? What is the difference?
The questioner : ... .
The Shaykh: May Allah guide you, may Allah guide you, my brother, may Allah guide you. I am telling you, what is the difference between intending and not intending? Let me give you two scenarios. One man marries a woman in any country and does not intend to divorce her later. He lives with her for a month, two months, more or less, and then it occurs to him to divorce her. Is there a prohibition?
The questioner : ... .
The Shaykh: May Allah guide you, may Allah guide you, may Allah guide you. Why are you like this? I am asking you a question. The answer to the question is: is there a prohibition or not? Do not give a lecture. A man marries a woman and does not intend to divorce her, and then it occurs to him to divorce her. Is there a prohibition on divorcing her? Another man intends to divorce her. Is there a prohibition on divorcing her?
The questioner : ... .
The Shaykh: So, what is the difference?
The questioner : ... .
The Shaykh : I understand now.
The questioner : ... .
The Shaykh: He does not understand, O Shaykh. But it is foolishness. I told you before, this is foolishness. Temporary marriage (mut'ah) involves the two spouses agreeing in advance to live together for a period of time, and when the time ends, each becomes forbidden to the other. That is temporary marriage, and it is forbidden; it is not permissible. As for a man who marries a woman in a lawful marriage and has in his heart to divorce her after a certain period, this is not temporary marriage, but I say this is foolishness.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh: There is no power or strength except with Allah. Is it not enough for you to understand that it is foolishness? Is it not enough for you to understand that it is not temporary marriage?
The questioner : ... .
The Shaykh: Yes, may Allah bless you.
The questioner : ... .
The Shaykh: It is not temporary marriage.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh: Okay, it is permissible for you, because we do not permit it, because it indicates foolishness.
The questioner : ... .
The Shaykh: We do not say this is a permissible matter. We say this is foolishness. Perhaps you have understood me now.
The questioner : ... .
The Shaykh: No, it is not temporary marriage.
The questioner : ... .
The Shaykh: It has become clear to you finally.
The questioner : ... .
The Shaykh: In brief, I repeat in your hearing, and let the present convey it to the absent: this is not temporary marriage, but it is foolishness. So if someone asks me such a question, I will not tell him it is permissible, and I will not tell him it is not permissible; I will tell him it is foolishness, but it is not temporary marriage. Is that clear?
The questioner : ... .
The Shaykh: Okay, do you want something else?
The questioner : ... .
The Shaykh: May Allah guide you, may Allah guide you. What is the evidence that marriage becomes valid by the consent of the two parties, or not? And so is temporary marriage, and so is temporary marriage.
The questioner : ... .
The Shaykh: Yes, this was prescribed in the early days of Islam, then it was abrogated, and the Rafidah held onto it.
The questioner : ... .
The Shaykh : Are we going?
The questioner : ... .
The Shaykh: Greet 'Abd al-Bari.
The questioner : ... .
The Shaykh: May Allah make her good in another (husband), if Allah wills.
The questioner : ... .
The Shaykh: Okay, then.
The questioner : ... .
The Shaykh: And why this foolishness?
The questioner : ... .
The Shaykh: O Shaykh, may Allah guide you, this question.
The questioner : ... .
The Shaykh: I am telling you, why this foolishness?
The questioner : ... .
The Shaykh: O Shaykh, pay attention to what I am saying: why this foolishness? What is the difference between intending and not intending?
The questioner : ... .
The Shaykh : What is the difference?
The questioner : ... .
The Shaykh: What is wrong with you? You are not understanding me? Why are you not understanding me?
The questioner : ... .
The Shaykh: Okay, my brother, may Allah guide you, tell me what you did not understand, tell me what you did not understand, and do not make us repeat the words over and over again, you and I. I am saying, what is this foolishness? What is the difference between if he intended or did not intend? What is the difference?
The questioner : ... .
The Shaykh: May Allah guide you, may Allah guide you, my brother, may Allah guide you. I am telling you, what is the difference between intending and not intending? Let me give you two scenarios. One man marries a woman in any country and does not intend to divorce her later. He lives with her for a month, two months, more or less, and then it occurs to him to divorce her. Is there a prohibition?
The questioner : ... .
The Shaykh: May Allah guide you, may Allah guide you, may Allah guide you. Why are you like this? I am asking you a question. The answer to the question is: is there a prohibition or not? Do not give a lecture. A man marries a woman and does not intend to divorce her, and then it occurs to him to divorce her. Is there a prohibition on divorcing her? Another man intends to divorce her. Is there a prohibition on divorcing her?
The questioner : ... .
The Shaykh: So, what is the difference?
The questioner : ... .
The Shaykh : I understand now.
The questioner : ... .
The Shaykh: He does not understand, O Shaykh. But it is foolishness. I told you before, this is foolishness. Temporary marriage (mut'ah) involves the two spouses agreeing in advance to live together for a period of time, and when the time ends, each becomes forbidden to the other. That is temporary marriage, and it is forbidden; it is not permissible. As for a man who marries a woman in a lawful marriage and has in his heart to divorce her after a certain period, this is not temporary marriage, but I say this is foolishness.
The questioner : ... .
The Shaykh : Yes.
The questioner : ... .
The Shaykh: There is no power or strength except with Allah. Is it not enough for you to understand that it is foolishness? Is it not enough for you to understand that it is not temporary marriage?
The questioner : ... .
The Shaykh: Yes, may Allah bless you.
The questioner : ... .
The Shaykh: It is not temporary marriage.
The questioner : ... .
The Shaykh: Yes.
The questioner : ... .
The Shaykh: Okay, it is permissible for you, because we do not permit it, because it indicates foolishness.
The questioner : ... .
The Shaykh: We do not say this is a permissible matter. We say this is foolishness. Perhaps you have understood me now.
The questioner : ... .
The Shaykh: No, it is not temporary marriage.
The questioner : ... .
The Shaykh: It has become clear to you finally.
The questioner : ... .
The Shaykh: In brief, I repeat in your hearing, and let the present convey it to the absent: this is not temporary marriage, but it is foolishness. So if someone asks me such a question, I will not tell him it is permissible, and I will not tell him it is not permissible; I will tell him it is foolishness, but it is not temporary marriage. Is that clear?
The questioner : ... .
The Shaykh: Okay, do you want something else?
The questioner : ... .
The Shaykh: May Allah guide you, may Allah guide you. What is the evidence that marriage becomes valid by the consent of the two parties, or not? And so is temporary marriage, and so is temporary marriage.
The questioner : ... .
The Shaykh: Yes, this was prescribed in the early days of Islam, then it was abrogated, and the Rafidah held onto it.
The questioner : ... .
The Shaykh : Are we going?
The questioner : ... .
The Shaykh: Greet 'Abd al-Bari.
The questioner : ... .
The Shaykh: May Allah make her good in another (husband), if Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.