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[What Is the Ruling on a Man Saying: “It Is Your Divorce”]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 18696
Number of views: 1
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[What Is the Ruling on a Man Saying: “It Is Your Divorce”]
Fatwa number: 18696
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Question

Question: A man says to his wife: “It is your divorce if you do such-and-such,” and then she does it. What is the ruling? This question came from al-Jawf.

Answer

The answer—and Allah is the One who grants success: What appears to me from the construction of this statement is that no divorce falls upon the woman by her doing the act mentioned in the condition. The clarification is: the husband has made the act mentioned in the condition the divorce itself, whereas the act itself is neither an explicit formula of divorce nor a euphemism for it.
So if a man said to his wife, “Your divorce is your entering the house,” or “Your entering the house is your divorce,” that would not be a divorce. Divorce has known expressions—some explicit and some euphemistic.
Source : Min Thimār al-ʿIlm wa al-Ḥikmah vol.1

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