If a man conditions his divorce on a specific condition, can he retract that condition?

The questioner : The second question, O Shaykh.

The Shaykh: Yes.

The questioner : If a man conditions his wife's divorce on a specific condition, can he retract the condition?

The Shaykh : There is a difference between a condition where the intention is to effect the divorce if it is fulfilled, and a condition where the intention is not to effect the divorce, but rather to warn the woman not to do an action that displeases the husband. There is a difference, for example, between the divorce you asked about first and a case where a man says to his wife, "If I see you a second time entering our neighbor's house, or if I see you talking with our neighbor, you are divorced." Here, it appears that he is jealous of his wife and wants to divorce her. On the other hand, if she burns the food, puts too much salt in it, or does something similar, he wants her to be careful not to spoil her cooking by adding too much salt or burning it, or doing something similar.

The questioner: Yes.

The Shaykh : So the issues differ. If he truly intends to effect the divorce when the condition is fulfilled, then the divorce takes place. Then there is a disagreement among scholars as to whether the divorce takes place without witnesses or not. So, if one effects the divorce without witnesses, the divorce takes place in this case; otherwise, it does not.

The questioner : Yes, may Allah reward you with good, O Shaykh.

The Shaykh : And you too, my brother.

The questioner: Peace be upon you.

The Shaykh: And upon you peace.