Wants to know if his wife is divorced

5-4-2005 | IslamWeb

Question:

My Question is that I said to my wife if that man, come to my house you are divorced for later year I brought him to my house is my wife divorced or not?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

You conditioned the divorce of your wife upon this man coming to your house, if this was for a certain reason but this reason expired before his coming, then your wife is not divorced because of his coming. But if you meant that in principle he is not allowed to come, regardless of any reason, then the majority of scholars are of the view that divorce takes place when the thing on which the divorce was conditioned takes place. However, Ibn Taymiyyah and Ibn Al-Qayyim are of the view that divorce does not take place unless he intended it.

We have to look also to the coming of this man to your house, if you meant if he comes by himself or by way of another person, then your wife is not divorced when you brought him home, but if you meant if he comes regardless of any circumstance or situation, then the matter is as we have already mentioned that there is a difference of opinion about the divorce which is conditioned on the occurrence of something.

Since the matter is differed about as there is a need to find out the purpose (and intention), then it is more appropriate to refer to an Islamic centre in your country.

Finally, it should be noted that one should be cautious in uttering the word divorce as a way of resolving marital problems or any other problems.   

Allaah knows best.