'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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1(If a man says to his wife: "If you do not want to be with me, then
you can divorce me, I do not intend to divorce you" And then the woman
says, "you can be sure that I take from you a divorce" But they both
thought that it was all the same to what she says it does not matter
because the woman can not take a divorce. Neither of them did not know
that a man can give a woman the right to divorce . So, this woman did
not mean that she now divorce from her husband, because she did not
ask for a khul . Her words were threats that she intends to divorce in
the future.What is ruling? 2( And another question ..If a man says to
his wife, I divorce you . But he means in the future . and both
understand that he means it in the future. What is ruling?
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that
there is none worthy of worship except Allaah, and that Muhammadis His
slave and Messenger.
These words that were exchanged between that husband and his wife do
not lead to divorce as long as they did not intend divorce by saying
them.Qalyoobisaid in his Haashiyah: "Among the cases of giving the
wife authority to divorce herself is the clear word of divorce if it
is attributed to other than its proper person; like if he )a husband(
said to his wife: 'divorce me' or 'I am divorced from you', and she
said 'I divorce you', then if he had intended to give her authority to
divorce herself and she intended divorce, divorce is effective,
otherwise it is not."
Besides, if a man says to his wife 'I divorce you' intending divorce
in the future, then this does not lead to divorce as it is like a
promise )of divorce(;Shaykh Ibn 'Uhtaymeensaid in his book Ash-Sharh
Al-Mumti' a'la Zaad Al-Mustaqni': "His )Al-Hijjaawi's( statement
)about uttering divorce( 'in the present tense' like saying 'you are
being divorced' does not lead to divorce as it is a report which
indicates that she will be divorced )in the future(, while divorce is
in the hands of the husband. But if the husband intended the present
)i.e. initiating divorce on the spot(, then she is divorced as the
present tense )in the Arabic language( could refer to both the present
and the future."
For more benefit on the fact that uttering divorce in the present
tense is a promise of divorce and it is not effective unless the
husband intends divorce on the spot,Allah Knows best.
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