What is the ruling on a man who says to his wife: “You are divorced, if Allah wills”?
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Question:
Your Eminence the Shaykh (may Allah preserve you), the questioner asks: What is the ruling on a man who says to his wife: “You are divorced, if Allah wills”? Is the wife divorced? And if there is a divorce, what type is it?
May Allah reward you with good.
Answer:
If his intention was to make it conditional, the divorce does not take place. If his intention was to effect the divorce... and he said: “if Allah wills” without intending to make it conditional, but his intention was to effect the divorce, then one divorce takes place with this phrase: “You are divorced.” But if he said: “if Allah wills” intending to make it conditional, then nothing takes place. It is like if he said: “By Allah, if Allah wills, I will not do such and such,” there is nothing in it. The Prophet (peace and blessings be upon him) said:Bulugh al-Maram 1378 Yes.
The presenter: May Allah reward you.
Your Eminence the Shaykh (may Allah preserve you), the questioner asks: What is the ruling on a man who says to his wife: “You are divorced, if Allah wills”? Is the wife divorced? And if there is a divorce, what type is it?
May Allah reward you with good.
Answer:
If his intention was to make it conditional, the divorce does not take place. If his intention was to effect the divorce... and he said: “if Allah wills” without intending to make it conditional, but his intention was to effect the divorce, then one divorce takes place with this phrase: “You are divorced.” But if he said: “if Allah wills” intending to make it conditional, then nothing takes place. It is like if he said: “By Allah, if Allah wills, I will not do such and such,” there is nothing in it. The Prophet (peace and blessings be upon him) said:
Whoever swears an oath, and then says: "If Allah Wills", he is not held accountable if he breaks it.
من حلف فقال في يمينه: إن شاء الله؛ فلا حنث عليهThe presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.