Making conditional divorce

Q 1: A man made conditional divorce by saying to his wife, "If you do not take the television out of the house before twelve o'clock, you will be divorced." The wife placed the television in the balcony. Will Talaq (divorce pronounced by a husband) take place in this case? Will it be Haram (prohibited) for the husband to sit with his wife anymore?

A: If the husband's intention is to divorce her, Talaq takes place if she has not got rid of the television. He may take her back in marriage as long as she is in the `Iddah (woman's prescribed waiting period after divorce) and this is not the third time of Talaq. However, if (Part No. 23; Page No. 42) the husband has only meant to urge the wife and obligate her to get rid of the television without intending to divorce her and the wife in turn has not taken the television out of the house, the husband is obliged to make Kaffarah (expiation) for breaking his oath and Talaq does not take place. He should offer his Kaffarah by feeding ten Miskins (needy persons), or clothing them, or emancipating a believing slave. If he is unable to do any of these, he must observe Sawm (Fast) for three days.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.