What is the ruling on a man who made his wife's divorce contingent upon him watching pornographic films for a continuous period exceeding four minutes, and this continuous period did not occur, but he watched them at intermittent intervals? Does the divorce take place if the total of the scattered viewing exceeds four minutes?
The majority of scholars hold that if a husband makes his wife's divorce conditional upon an event, the divorce occurs when the condition is met, regardless of whether the husband intended to cause divorce or merely intended to threaten, emphasize, or prevent something. This is the (prevailing legal opinion). Some scholars, such as Ibn Taymiyyah, are of the view that if he did not intend to cause divorce, but rather intended to threaten or prevent, then divorce does not occur, and he is obligated to offer an expiation for breaking an oath (kaffarat ). The criterion for breaking an oath (hanth) refers back to the swearer's intention regarding what he uttered. So, if he intended by his oath to prevent a specific thing, such as watching pornography for a continuous period exceeding four minutes, then his breaking of the oath is specific to that, and he does not break it by watching for separate periods. It is obligatory to repent from watching forbidden things. Using oaths to compel oneself to abandon sins is an unsound approach.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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