“If my wife is not more beautiful than the moon, then she is divorced”

Question

“If my wife, to whom I am married by nikah, was not more beautiful than the moon, then she is divorced.” In reality she is not more beautiful than the moon, but he regards her as very beautiful and says so. In this case has talaq occurred or not? If it has, which kind? Clarification: if he calls her more beautiful than the moon while in reality she is not; or he too does not call her more beautiful than the moon; or in reality she is more beautiful than the moon and he does not say so — will talaq take effect in…

Answer

Man is the noblest of creatures (ashraf al-makhluqat), and his creation is in the finest form (ahsan taqwim); therefore nothing is more beautiful than man. Hence talaq has not taken effect: [ar]عن يحيى بن أكثم القاضي أنه فسر التقويم لحسن الصوت، فإنه حكي أن ملك زمانه خلا بزوجته في ليلة فقال: إن لم تكوني أحسن من القمر فأنت كذا، فأفتى الكل بالحنث إلا يحيى بن أكثم فإنه قال: لا…

Source: Fatawa Mahmudiyya

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