Transcript
xTvqtPFuyUI • Fiqh - Semester 4 - Lecture 30 | Shaykh Assim Al-Hakeem | Zad Academy English
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Language: en
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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.
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Academy.
Foreign
speech. Foreign speech. Foreign speech.
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