The Ruling on Divorce Conditioned on the Action of the Husband or Wife
Machine translationRead the Arabic original
He also asks and says: In these same circumstances, I swore to my wife with divorce on a tape and sent it to her, saying: “If you go and take this amount from your brother, I am divorced from you, and you will be divorced.” After that, I traveled to Egypt and did not do anything regarding this oath. Please advise us, may Allah reward you?
Answer: If the oath was intended for yourself, meaning you are the one who will do this thing, or if it was intended that she will do this thing, then if the intention behind this was to urge yourself to take the thing or to urge her to take the thing, and the intention was not to part with her or divorce her, then its ruling is the ruling of an oath, according to the correct opinion of the scholars. However, if you intended to effectuate the divorce if you did not do it, or if she did not do it—if you intended that she would do it—then a divorce takes place if she does not do it, if you intended to effectuate the divorce. Yes.
The presenter: May Allah bless you.
Answer: If the oath was intended for yourself, meaning you are the one who will do this thing, or if it was intended that she will do this thing, then if the intention behind this was to urge yourself to take the thing or to urge her to take the thing, and the intention was not to part with her or divorce her, then its ruling is the ruling of an oath, according to the correct opinion of the scholars. However, if you intended to effectuate the divorce if you did not do it, or if she did not do it—if you intended that she would do it—then a divorce takes place if she does not do it, if you intended to effectuate the divorce. Yes.
The presenter: May Allah bless you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.