Transcript
xTvqtPFuyUI • Fiqh - Semester 4 - Lecture 30 | Shaykh Assim Al-Hakeem | Zad Academy English
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Kind: captions Language: en for [Music] what fordul. [Music] The format of divorce is something that is fixed. So in order for the divorce to take place, a man has to utter it, has to verbally speak it. Why do we we emphasize upon this? Because so many people come and think that just because they repeated in their heads, I divorce you, I divorce you, you're divorced, that his wife is divorced. And a lot of the folks have OCD and whispers of Shan which destroys their lives big time. So it has to be verbally spoken. Whatever happens in your head stays in your head. The prophet saidatam Allah has forgiven my um for my sake for whatever goes through their minds as long as they don't speak about it nor they don't act upon it. So, as long as you don't speak about it, as they say, what happens in Vegas stays in Vegas. There's no harm done. Don't act upon it because it was in your head and it has to be verbalized. Now the intention is important when it comes to conditional divorce and this is a a huge area of dispute among scholars. So many ignorant imbeciles in Arabia. I don't know if this is found in non-Arabs, but in Arabia it's very common. When I have guests and they want to leave, I'd like to force them to stay until they eat a meal with me that is being prepared and they say, "Wallah, we have so many things to do. We have to leave." So in order to force them, I say you will sit. I'm bound to divorce my wife unless you sit. Meaning if you leave, she's divorced. Sometimes I give a conditional divorce to a nagging wife, not me, of course, but the ignorant imbeciles. So she frequently go out to her parents' house and I say don't go and she insists on going. So as a form of threatening her I say if you go to your parents house you're divorced and this is an issue of dispute. This is known as conditional divorce. Some scholars say if she does what I made the condition for the divorce takes place. If the guests leave and do not stay for the meal, the wife is divorced. Shehikh Islam binia and the scholars of modern times who follow this opinion say no whatever is said in regards of divorce to compel someone to do something or to repel someone from doing something. This is an oath and it takes the ruling of an oath. So if a person does this, he is required and he needs to expedate. So if I tell my wife, if you go to your parents house, you're divorced. Then I she comes and cries and I have to visit my dad and he's sick and okay, I'm okay, you can go. Is she divorced? No. But you have to experate by feeding or clothing 10 poor Muslims. Now the types of words used to divorce are two types. There are explicit explicit words and there are implicit words. the explicit words that you have no other understanding to it other than divorce which is you're divorced. I divorce you. So usually the explicit wordings take place in the present I divorce you or in the past as an adjective you are divorced. But anything in the future has no value. I will divorce you. Wall I will divorce you when tomorrow comes. I will divorce you. There is no divorce in this. This is explicit whether you say it in earnest and seriousness or you say it in just and the hadith of the prophet sallallahu alaihi wasallam makes that clear. Three whether you say it seriously and earnest or in justest and making fun take place. marriage, divorce and reconciliation. What is meant by marriage? If someone is jokingly saying a proposal to his friend, about his sister, about his uh uh daughter in front of two witnesses or more, he says, "I give you my daughter in marriage." And the man says, "I accept wallah this is fun." The marriage takes place. Sheh both of them were not serious. The marriage takes place. If a man is drinking latte with his wife and they love one another and she said to him, "Our neighbor divorced his wife yesterday. Wasn't that stupid of him?" He said, "Yes, indeed it was stupid." She says, "Don't be stupid like him." He said, "Well, as long as you said this, you know that I love you. Huh? I divorce you. The divorce takes place. Sheh, we were just having fun. The divorce takes place. And likewise with reconciliation, when you want to revoke the divorce in the waiting period, this is not something to mess up with, not to play with. This is a serious thing. So what are the implicit wordings? Implicit wordings are things that are said at times of fighting and argument and heated argument with the intention of divorce. So when a man says to his wife, "Get out of my face forever." Okay, I'm I'm done. Whatever is between us is over. go back to your father's house or you're free from anything related to me. Immediately if we ask him after saying these words, did you intend to divorce? Says yes, then the divorce takes place. But if someone says after saying these phrases, no, I did not intend to divorce. I'm just telling her to get out of my face. I don't want to hear her nag anymore. But I didn't pack my bags. I didn't ask her to pack her bags. I didn't call her parents and told them that we divorced. Then there is no divorce. And all of this depends on the husband's intention. It is between him and Allah the almightyel. So it must not be taken lightly. But at the same time I have hundreds and hundreds of OCD people coming to me saying to me that oh I said to my wife this and that and this is implicit divorce so she's divorced. No she's not. People come to me crying. Sheh I love my wife. We have six kids. Yesterday she cooked me some biryani and it was very beautiful and delicious. I finished my plate and she said to me, "Honey, would you like some more?" I said to her, "I'm done. I'm through." So, this is implicit wordings of divorce. I don't want to divorce. She's not divorced. And they come and cry and weep and make a a drama queen out of it. So this implicit divorce is mentioned in fatwa sites. But you have to be careful because your intention has to accompany the firm attention of divorce. When you say these words, not when we're angry and we just want them to get out of our faces without any intention of breaking the marriage and packing and going to court and filing a case of divorce. [Music] Academy. Foreign speech. Foreign speech. Foreign speech. [Music]