The Ruling on Conditioning Divorce on Intention
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Question:
A letter reached us from one of the listening brothers. He indicated at the end of the letter, saying: The questioner is from Makkah al-Mukarramah. He says in one of his questions: If a man says to his wife, "You are divorced if you enter so-and-so's house without my permission," and the husband's intention at the time of utterance was that if she enters that house for a specific purpose in his mind, the divorce takes effect, but if she enters for another need, such as visiting a sick person, or the like, he does not intend the divorce.
First: Does the divorce take effect if the woman enters that house absolutely, or does it take effect only when she enters the house for the purpose that was in the husband's mind at the time of utterance?
Second: If the husband is reassured about his wife, and then he wants to give her permission to enter whenever she wants, because it is difficult for her to keep asking for his permission due to the husband's work circumstances, what is the ruling? May Allah reward you with good.
Answer:
The action is based on the intention. If he says, "If you enter so-and-so's house, you are divorced," and his intention is if she enters for a specific purpose, whether to visit them absolutely, or to ask for something from them to borrow, or the like, then it is according to his intention. And if his intention is that if she visits them for the sake of a sick person, to visit the sick, that the divorce does not take effect, then it is according to his intention.
The point is: it is according to his intention; because of his saying (peace and blessings be upon him):Sahih al-Bukhari 1 And if he intended to restrain her, or prevent her, and did not intend the divorce, then upon him is the expiation of an oath, and the divorce does not take effect.
As for if he sees that the intention is to effect the divorce, but with the condition that the visit is for mere companionship, or mere begging, begging them for something, or the like, this is what he intends, so it is according to his intention. And if she enters in a way he did not intend, the divorce does not take effect. Actions are by intentions.
And if he intended [divorce] except with his permission, and then he gave her permission, she does not need to ask for permission after that. If he intended that if she went out with his permission, then there is nothing [wrong]. Indeed, whenever he gives her permission, the oath ends, and the conditioning ends, and there is no blame on her after that. If he says, "Whenever you want, go to them," there is nothing wrong. Yes.
The presenter: May Allah reward you with good.
A letter reached us from one of the listening brothers. He indicated at the end of the letter, saying: The questioner is from Makkah al-Mukarramah. He says in one of his questions: If a man says to his wife, "You are divorced if you enter so-and-so's house without my permission," and the husband's intention at the time of utterance was that if she enters that house for a specific purpose in his mind, the divorce takes effect, but if she enters for another need, such as visiting a sick person, or the like, he does not intend the divorce.
First: Does the divorce take effect if the woman enters that house absolutely, or does it take effect only when she enters the house for the purpose that was in the husband's mind at the time of utterance?
Second: If the husband is reassured about his wife, and then he wants to give her permission to enter whenever she wants, because it is difficult for her to keep asking for his permission due to the husband's work circumstances, what is the ruling? May Allah reward you with good.
Answer:
The action is based on the intention. If he says, "If you enter so-and-so's house, you are divorced," and his intention is if she enters for a specific purpose, whether to visit them absolutely, or to ask for something from them to borrow, or the like, then it is according to his intention. And if his intention is that if she visits them for the sake of a sick person, to visit the sick, that the divorce does not take effect, then it is according to his intention.
The point is: it is according to his intention; because of his saying (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىAs for if he sees that the intention is to effect the divorce, but with the condition that the visit is for mere companionship, or mere begging, begging them for something, or the like, this is what he intends, so it is according to his intention. And if she enters in a way he did not intend, the divorce does not take effect. Actions are by intentions.
And if he intended [divorce] except with his permission, and then he gave her permission, she does not need to ask for permission after that. If he intended that if she went out with his permission, then there is nothing [wrong]. Indeed, whenever he gives her permission, the oath ends, and the conditioning ends, and there is no blame on her after that. If he says, "Whenever you want, go to them," there is nothing wrong. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.