He said that if his wife gave birth to a third daughter he would divorce her, but he did not intend to divorce her
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One of our brothers/sisters has asked this question:
In a moment of anger, I was speaking to a friend of mine and he asked me what if I was given a third daughter? I said to him: If my wife gives birth to a third daughter, I will divorce her. But I did not mean what I said. Does this count as a divorce (talaaq)?
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Praise be to Allaah.
Your saying “If my wife gives birth to a third daughter, I will divorce her” comes under the heading of promising to divorce in the future. If she gave birth to a daughter but you did not divorce her, then nothing has happened. This is confirmed by the fact that you did not mean what you said: you did not intend for a divorce to happen at that time and you did not make it conditional upon her giving birth to a daughter.
But if you said, “If my wife gives birth to a third daughter then she is divorced,” then divorce takes place if she gives birth to a third girl.
You should beware of using the words of divorce (talaaq) in ways other than that for which they were prescribed, namely ending a marital relationship when the husband decides to do that for reasons which make it permissible to divorce.
And Allah knows best.
Whatever written of Truth and benefit is only due to Allah's Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
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