The Ruling on One Who Made Divorce Dependent on a Condition, Then He went Back on it Before it Transpired
Question :
What is the ruling of the Islamic Law on one who says to his wife: "If your menstrual period comes, then you become purified, then you are divorced."? And he truly intended divorce, but after that, and before the period came, he decided to keep her; is this considered divorce or not? And would it be considered a divorce also, if he did not decide to keep her until after the purification upon which it was. conditional?
Answer:
This divorce is dependent upon the fulfillment of a normal condition and neither encouragement nor prohi- bition was intended by it. So the divorce is counted due to the existence of the condition, which is purification following menstruation, so his going back upon this condition after it had taken place is not correct.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 6 Page 56
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