Yamin al-Fawr: “If You Do Not Stay Sitting Here — Talaq to Your Mother”

Question

Question: A dispute arose between Zayd and ‘Amr over a few matters while ploughing a field. Zayd is the father and ‘Amr is his real son. Zayd repeatedly ordered his son ‘Amr to take the plough and the oxen from the field to the house, but ‘Amr sat silent for a few minutes, only saying in reply: “You go first.” The father, displeased with his son ‘Amr, said: “If you do not remain sitting right here, then talaq to your mother, and three talaqs.

Answer

Apparently this is yamin al-fawr: the aim was not to keep the son seated in that place forever. After the father spoke, the son remained sitting there for some time; therefore talaq has not taken effect, because the talaq was [conditioned] on his not remaining seated there.

Source: Fatawa Mahmudiyya

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