#16 Fiqh of Family – Conditional Divorce
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Family
File Size: 31.64MB
Okay, so that said Omarosa da da da, da, da da to proceed. So today inshallah we will go over condition of divorce we have a tilaka Moloch from Avenue quidam as book email nakodar mom died under 620 wrote a book called the 100 effect and manual in embedded MATLAB and we are done with effective worship of transactions of inheritance. We're doing the second family now and we are almost well you know, like three quarters through it.
But today inshallah we will do
the conditional divorce we've talked before about the explicit and implicit divorce last week prior to this we talked about the chapter of divorce in general.
This is the time to talk about condition of divorce or a lock on Mandala. Kodama Rahim Allah tala said the Potala was at the Sheraton bada nica Hey, Al milk
it is valid to make a conditional divorce or emancipation as long as this happens after marriage or ownership, respectively. So, what do we want to say here?
talaq did not look, he said the
lock it is valid to make a condition of divorce. What a man and the man's made emancipation, which visual Ruth Baba nica had meant
as long as this happens with conditions as long as this happens, after marriage or ownership, respectively. So, a lot of my love is when you say is when one person a person says to his wife, you are divorced.
If you visit your brother, you are divorced, if you allow this woman into the house, you are divorced
in the beginning of Muharram
you are divorced.
Or maybe you're maybe not. Maybe if he says to someone, my wife is divorced if you don't eat.
My Yes, my wife has divorce. If you
sit on that chair, you know, some people can be completely ridiculous.
so what happens to that type of talaq and what is the ruling of that type of the law? One thing that we want to be clear on is that this has never been addressed by allow the muscles are celluloid isn't.
This talaq mala condition of divorce has never been addressed in the Quran, or the Sunnah of the prophet SAW loosen the lock that happened the during the time of the Prophet sallallahu Sallam was all managers, managers means what? immediate, immediately effective.
in this case,
is it expected that there would be disagreement about the ruling of condition of divorce? Yes.
the disagreement was not really much
somehow one position
have the Sahaba
they sort of prevail to a great extent that the agreement of the forum as I have
it takes place conditional divorce takes place, but first, there are two different types of condition of divorce. When
you make the ad or the term of this divorce, a specific date that will certainly come.
So when you say you are divorced on the day of eating out how or eating or haram furs or anything like that is not conditional, but it is valid for mostakbal. In that sense, we could even say it is not Mohammed that it is the luck that is
meant to take place here.
The future so future divorce.
So, January 1, for instance.
So, there is a specific time.
And then there is the Muslim ban from Stockwell ortholog in the future that is contingent upon
That is, if you walk out of this door, you're divorced if you bring a lot here, this woman into the house here in divorce, and so on and so forth.
What is the ruling on this one?
That ruling on this one is who was a man Listen, because keep in mind that the CR MMA
do not believe in condition of divorce altogether.
And it may not be surprising
because it is one of the you know, as we will see the evidence here. One report is attributed to Abner Ahmad one a trip report is attributed to Evan amissah. Who
they don't consider them authorities.
And there is a report attributed to the law. No, that is counter to this.
it's traceability. And there are some conflicting reports from evanov bass and even Abner Omar, concerning, you know, condition of divorce. So, we're not talking about sharing media, if we are limiting ourselves in this discussion to the sun, then this divorce that is attached to a certain time in the future does not does not happen according to Abraham only.
It happens according to everybody else.
Yeah, we're coming to this
and happens according to everybody else. Now,
does it happen right now or upon you know, the arrival of this time?
The Hana fees. Chef is an Hanbury is said when the time comes.
The Maliki's said it's immediate.
It is immediate.
Okay, contingent ones. If you don't eat, you're divorced. If you eat, you're divorced. If you stand up, you're divorced. If you sit down, you're divorced, if you walk out of the story or divorce, if you let that woman in and you're divorced and so on.
Does so that is contingent contention.
does that okay? So, here we would have to divide this a manga Sunnah into Sargon of three positions. At the outset.
One position is
when the condition happens or takes place that a lock becomes effective that a lock becomes effective whose condition is whose position is this
the four emails
Who said it does not happen?
corners of the house
I think wait
follow the position of urbanization
Well, under pressure, I guess everybody becomes.
Yeah. So it doesn't count.
so who came in the middle
and has like a position that is sort of a compromised position? Isn't it me or him Allah said that if he intended to divorce her upon the occurrence of this condition, she is divorce. If he intended to deter her from this act,
it is not a divorce. It is a mean highlife mean, that he needs to expiate for. And just like any I mean, you expiate, for any me.
How do you explain it for I mean, uttanasana Sakina has not Thurman Arctic Monkeys Mata Mata Hari, Rama, Rama philosophia. So to feed or close 10 people or to emancipate a slave or to fast three days if you don't find any of them?
So having said that, it depends. It depends on his intention.
No, but having said that doesn't count at all,
is not contingent upon intention and just doesn't count because of nazma argue argued that it never had that, you know, he used me as argument for the lack of ability. He said that this is not according to the Quran and Sunnah divorce is a religious Act has to be in accordance with the Quran and Sunnah. There is no divorce attached to the future in the Quran and the Sunnah. There is no whatsoever, therefore it does not happen. It is foreign to our scriptures. And it is invalid love frivolous superfoods, that doesn't count.
So then, why did they have all of this this agreement? As we said, if we go back to the Qur'an,
is there anything that we can use and the Qur'an?
Well, some people say that,
yes, there are some ink like the people who will defend them and certainly epitomes position became the position of Egypt,
despite your life,
but anyway, UAE as well,
several others, etc.
So several others,
most most countries follow deputy mayor's position, not of my husband's position,
about the position of the majority.
And, and, and, of course, the reasons are quite obvious, you know,
not because they necessarily believed in the strength of a man's position scripturally. But big under pressure of the reality,
but also to be fair to the Messiah, who also they felt that the position of a mayor is a valid position, otherwise, they would have not taken it, but they felt it is a valid position that we can upload.
So anything in the program, in fact of the Qur'an would support them in a hazardous position because a lot more time frame second, moreover, this young guy is talking about the language of the Quran. It's talking about the lack of immediate effect for luck, that is not just luck, that is not attributed to the future. But is it clear No, certainly not. There is nothing in the plan that is clear here in support of any of these positions,
go to the moon.
And people could try to find something in the sooner they can try to say for instance and Muslim want to under Soroti him, Muslims abide by their conditions. But then at this at the same
Time is this the really they can text other Muslims
or they can text is when people you know, promises and contracts and clauses and contracts and fulfillment of those clauses and so on and so forth. That is the context. And if we say a Muslim owner and this wrote him and you are bound by your condition, you are bound by your vow ability. Tamia says, but you don't say this way with Attica, for instance, all the time. And by that time, by the way, this position of ebony Tamia is a as a physician in the embedded math lab as well,
is a position within embedded MATLAB that is not the authorized position, that is not the authorized position.
he says that,
when someone vows according to the majority, and that is the hand berries and chef is a stronger position within the Hanafi and the Maliki medical hub, when someone makes a vow, you don't consider this to be a binding vow, unless it is corba. It's a an act of obedience. But if someone vows to eat or drink, let alone do something bad, like pull up, but if someone vows to do something more back, you do not consider this binding according to the position of the majority of the scholars, therefore, that Muslim 100 wrote to him is not applicable here. This is someone who made it binding himself to divorce his wife upon the assessor the occurrence of a certain condition, but that should
not be binding, because it is not a quarterback, it is actually the tested or even forbidden by default, as we have discussed before, if it leads to harm, and it's unwarranted.
then there is nothing really in the sun that clearly about palapa Mandala
has then having you know, nothing in the Quran or the sun about it, then you go down the center to the Sahaba their companions as this come up during the time of the companions. Yes, it has. And then what so what did they think about it, conflicting reports, but more may say that the clearer reports are in support of the occurrence of this divorce. Why? Because we have that report and Bukhari from our Baraka that if Norman was asked about a man who said to his wife, you will be divorced that better, which means finally final divorce on every vocable divorce, if you go out? He said, If she goes out, she will be good. She will be finalized. And if not, they're not. That's what amber said,
according to this report by an Bukhari from abroad offer.
Now, how does the job who use that report?
They tell you what happens, then we tell you, that's what Homer said. And that is what is also reported from Latin America.
Be happy reported, similar, something similar from our 11th episode, although with a weak chain of narration.
But the preponderance of reports from the Sahaba would support to the occurrence of this divorce. So the world would basically make a claim to this had these abnormal for this report from abnormal Claudia lohana. So
how does it know has an answer this he says conflicting reports, some of the Sahaba said that some of the Sahaba said that we're not bound except by the Quran and Sunnah. There is nothing in the Quran and Sunnah. It does not happen, because the default is that marriage continues. That is the default until you prove it, and you can prove it so everything stays the same. That's why I'm gonna have them set. So how did they meet the mayor and the school that supports him? said
How did they deal with this report from heavner Hamada and this report from economists road and so on. They said we had conflicting reports from the Sahaba. And the way to reconcile between all of them is to say that the reports that said the law
would take place
are pertinent to the scenario where he intended to divorce her when he said this intending to divorce her. And the report is that said the HELOC does not take place are pertinent to another scenario will be cause and jam How would I monitor D reconciling the different reports takes precedence over canceling some of them. And in order for us to reconcile them these reports and the report from Alejandro that would deny this and other reports even from webinar bass and so on. In order for us to reconcile all the reports, we will have to basically create different scenarios where the different reports apply. And we have two scenarios, he said this intending to divorce or
hire when that condition takes place, it happens, he said this intending to deter her or deter someone else from a particular action or to entice them to a particular action, it does not happen becomes a Ameen enhanced experience for it. And that's it. So, this is how they address the different reports from the Sahaba. And then you could start after this after the transmitted Adela Napoli year, you could start to talk about at the last layer rational proofs, rational proofs and the more would say that if he is capable of divorce, then he can basically attach it to a time in the future attach it to a particular condition because that is his right. So it's like something
that is in his hand. He can use it whenever he wants, and he could use it immediately or you can use it in the future. So everyone has more would say to them, so why are you not saying the same thing about Raja taking her back What about marriage You know, when everybody in what a and a woman and so on say upon the occurrence of something we are married you know accept our offer offer acceptance upon and attach it to the occurrence of something Can we do this now we can therefore Why are you making it okay in divorce. So the rational arguments will never be completely decisive from either from all sides.
So we are left with these reports from some of the Sahaba.
Hi have hold the position of a female Rahim Allah tala.
Because I think it is the best way to reconcile and it is somewhat moderate in the middle.
I believe that even the husband's position is more coherent. But that's a different discussion. But it is rationally more coherent.
But that is with all due respect to the agreement of the forum as I have which is always a weighty position that has to be heated and that should be the default until
a different position is mainstreamed by a consortium of scholars or accounts councils and federal agencies and so on to be mainstreamed into
orthodoxy. So but this is
the breakdown of this discussion.
Now Now I'm gonna put them out of law.
mm Evan aka Dharma Rahim Allah said,
the show rootin Bowden, aka one milk. So he said that it is valid after marriage or ownership after marriage or ownership. Why is he saying this? Basically, they say to the disputants that this will not take place before marriage, because this is a controversial issue. But the Hanbury is Anusha is will say that
I know that you admire my handwriting very much.
I used to be the worst thing
in both Arabic and English by the way.
So this is a report from a theorem is aetherium as you can see there it is reliable. Where the prophet SAW Selim says there is no vow binding on the son of Adam Lana's rather than female ametek. There is no Val, binding on the son of Adam concerning that which he does not own. There is no emancipation binding on the son of Adam, concerning that which he does not own. And there is no divorce, binding on the son of Adam concerning that, which he does not own. So you cannot divorce someone who is that you're not married to so you cannot say if I divorce any woman, or that or that woman, and something happens then she is divorced, if I'm married, you know. And then it actually is
divorced. She's not married to you yet. And you cannot make more, not just the luck now, you cannot attach the lock to something in the future. So that's why he said this. There was like one thing since I mentioned what I attack and there is no emancipation. There is one thing here that one report that you will Tamia console allowed us to defend his position that it depends on what she the person means, which is very important from abora also where he reported that Layla Rajma commanded him. So abora says that Layla Benton Ahjumma
said to him,
you know, that all of my money is done.
It's for charity.
And all of my slaves are emancipated. And I become Zoo or Christian. If you did not divorce your wife
so kolomela Lee had robbed in the
one a a coup de uttanasana, electrotonic ilam for being a communist energetic or
something of that nature a result? or something of that nature. So zen,
you know, so he just he wants to be kind to her, but he just doesn't want to divorce his wife.
So they went to Santa bento Miss Alma, what can I look at on freckles? Oh, can I
tell you that? You know, some of the our, like women's scholars were like how they're very high status. So even though it is the time of the Sahaba, they are going to design a cabin toamasina to ask her
about this. And she said, there is nothing binding at all. On her. Nothing binding her.
Don't divorce, you're the one to divorce your wife.
then she was not convinced they guess. And they went to hafsa.
Afterwards, and he repeated the same thing. And then they went to Abner Omar, afterwards.
And he was he had repeated the same thing. Although he's the one and the other reports from abroad are also an Buhari, who said otherwise. But here.
She did not say, you know, she's not she's a woman. She does not own the divorce. But where's the showerhead? Where's the point here that is that even if they may use this is the point that
if she said all of my slaves are emancipated if this does not happen,
and we got got her off the hook here, despite the fact that that emancipation is the most beloved thing to Allah.
And we said that is not binding on her. And she said that she would be or they are not Rania and by consensus, that would not be binding. She does not become the Uranus Rania of this condition does not take place.
But the minute me is saying if we did not make emancipation binding on her and it is the most of the law
Act to Allah. How come we are making divorce binding on the man when it is a hated thing to Allah? When it is a hated act by Allah so that's that's another point also, he used to defend
no she had slaves
but she's she said if the Baraka does not divorcing his wife, then all of my money will be for charity. All of my slaves will be emancipated and I become Judeo Christian.
So they said all of this is nonsense.
And they talked about Africa not divorcing his wife, but they did not
make it binding on her to to do any all of the above. Yes.
Then the she said what I say Oh,
cobbler who follow Karla interservice to forgotten our in malloc to her for her hora de vida Monica Lam thought look while I'm Tata
it is not valid
before that marriage before that, which is marriage ownership. For example, if he says if I marry someone, so she is divorced or if I own her, she is free. And then he marries her owns her. She does not become divorced or free.
And then he said what about a shirt that said
in what is that what a matter woman what could lemma what is
a lack of lemma that conjunctions of conditional sentences are six in if is a once a whichever matter when when men whoever could lemma every time none of them indicates repetition except calama. So not calama comm T for anti tala. Every time you stand up, you're divorced. She stands up three times she's divorced finally.
Have you ever used to do this at it?
They would count it against them. And then we get into this like the dilemma of the healer because it's just
then what could
if I cannot
mokulua cannot was bitter saboteur. hochma and they will do the shadow Satya favor cotton cotton T for nfmt tarlac. Matt Tanaka, when handla shadow when Carla could Noma county phantip tato cart kulana COVID for all of them on us in an affirmative sentence, that consequence takes place upon the occurrence of the condition antecedent. For example, if he says if you stand up, you are divorced. And then she stands up she becomes divorced and the conditional statement is no longer operative. However, if he says every time you stand up, that's good level. You have become divorced she becomes divorced every time she stands up in Canada, comedy in the Moto, g for mtito. Karnataka he is
adomian we walked in behind he fell in love he actually acquitted him can if used in a negative sentence as when he says if I don't divorce you you are divorce, it will be suspended if he did not intend a particular time without divorce occurring until the last time of possibility. What is the last time of possibility a second before his or her death?
whichever comes first.
What's the way forward for is a kind of meta deep empty tada what am yota Luca Paolo Katrin have the rest of the conditional clauses aside from if will mean immediately for example, if he says when I don't divorce you you are divorced and does not divorce her she becomes immediately divorce.
Well, in particular Madame alternatif mtito from others eminonu Allah Hafiz Alessandra Mutola capaldo cutera son incarnate not Holanda. If he says every time I don't divorce you you become divorced and time elapses during which he could have divorced her three times.
But he did not divorce her. Then she becomes divorced three times if her marriage was consummated. Why? Because if her marriage was not consummated the first divorce is enough to become finalized later rajouri nadarajah itala where you know you can have a second divorce only in RJ tala and you know, him having Samia supposition that you cannot have a second divorce except after Raja not just in Raja walk, but after you take her back, divorce take back divorce
because according to the majority, the three become effective one after the other in a divorce and that is unfine alized. And this is what we're talking about an unsignalized divorce after consummation. That becomes if he divorce once you can divorce a second time before Raja so only with me I'm sad that you have to take her back to divorce her
will and Kyla
he says every time I don't divorce you you are divorced.
Well, every time every time I don't divorce you you are divorced. Then. Three seconds lapse from that sentence. He could have divorced during the three seconds. Since he did not divorce her she is divorce.
I mean, it's funny
when Carla could lemma allottee what are the advantages for what are the two main tarot cards below 179 80 happy what I'm talking about be if he says every time you give birth to a child, you become divorced and she gives birth to twins. Then she becomes divorced upon the birth of the first upon the birth of the second child her divorce becomes finalized because her head is ended by the by this birth. But no divorce results from his birth, his birth. So if he tells her every time you have a child, he'll become a divorce. You become divorced.
And she had
Okay, so the first one came out, she became divorce.
What is that I have a
given various when the second one came out at the end.
That is the shortest side that you could have.
When the second one came out here at that ended?
Yes. But the first baby that came out.
There is the bra. That's you know, not only that, but at the heart of it is making sure that there is no pregnancy. Now the first one came out, and he told her every time you give birth, you're divorced. So the first divorce took place when the first one came out. She now she's divorced. She should wait for her at the right. When does her at the end?
No, no. Why does the second one not count? Because the second one came? Who when she was finalized, their divorce was finalized. Therefore, she's not subject to more divorces. She's not subject to more of divorces. You're only subject to more divorces according to the majority. If it is an am finalized divorce and you are still in your head. Once you're at the ends, you're not subject to divorce. You are a foreign woman not subject to divorce. Now this woman
became divorced when the first baby came out right
ended when the second the baby came out.
Therefore, she's not any more subject to divorce.
Yes, she can marry someone else
finalized without recourse and finalized with recourse. So this is fine.
analyzed with recourse but it is still finalized
but with recourse
they can remarry but it's going to be a new contract and everything nagaraja new marriage
see the first one is
the first one is born she has Roger.
The second one comes out
if he takes her back before the second one comes out.
Then with the second one,
he will have another divorce.
When Kyla and hit the fan to follow will hide for intubation, and then we'll be hiding lampredotto when Carla cathead Tanaka
Tanaka the Accra, my in car in Haiti for anti water rocky Tata Tata, Tata Tata to Vegas, Nevada palapa, Guna Dorothea. If he says when you mens rea to become divorced, she becomes divorced at the beginning of her height. If it turns out that it was not hide, then she is not divorced. If she says I did menstruate and he contradicts her, she becomes divorced. So if he tells her once you like if you have hide your divorce, she becomes divorced when she has high, but who is to be trusted with this? She because she knows that whether she had hired or not, if it turned out that it was not hired, she started was hired, turned out that it was not hired, the reverse will be revoked. If she
says I did menstruate, and he says no you did not. We will believe her, not him.
Maybe she wants to get rid of him. But she like we will believe her and not him. She becomes divorced. If he says you're menstruating and she contradicts him,
we will believe him.
She becomes divorced because of his admission because it is his loss. So we will believe him because a parent
that has divorce is effective.
If he says if humans Wait, then you and
my other wife are divorced, and she says I'm in swated but he contradicts her, then only she becomes divorce and not his other wife. Why is this? Because a Corolla is reliable. Because her admission our acknowledgement can serving another person is not accepted her acknowledgement will only be accepted concerning her divorce. Not her core, why not typical wife's
divorce and that brings us to the end of the Pelican Mohammed up now the last thing I wanted to mention that was not mentioned before
and I may could have mentioned it when I was talking about cola every time and things of that nature. Can you make that conditional divorce and resend it?
Like if you let this woman in you become divorced
Can you come tomorrow and resend
the agreement of the form as I have is no you cannot.
Can you What do you say every time you stand up, you are divorced Can you resend it No, three a divorce will happen automatically. You can present it
Who said you can resend it heavily they may have said you can resend it and it is a position in the handling method. That's not the authorized position.
sort of legislative bodies adopted that position that you can in fact, resend it after you make the statement of the condition of divorce. You can take it back
accordingly with me on
because according to the condition people
should have an immediate