Fatwa No : 83180
Ruling on Saying: If you take your son's earnings, you will be given the first divorce.

Ruling on Saying: If you take your son's earnings, you will be given the first divorce.

The matter is that a few days ago, during an argument, my husband said: "If you take your son's earnings, you will be given the first divorce." However, at present, my son does not have any permanent job or source of income.
A few days ago, my son and I were traveling to Karachi. My husband had given me the fare, saying, “This is only for your fare.” However, before I could pay during the journey, my son paid the fare. I insisted several times that I would pay for my fare myself, but my son said, “You can pay me at home.” After we reached home, I again tried to pay him, but he said, “I don’t have change right now; you can give it later.” A day or two later, I returned to my home. Now I need the answers to the following questions:
1. Am I now forbidden from ever accepting anything from my son’s earnings? If so, what is the proper course of action?
2. Since my son paid the travel fare, what is the ruling regarding this matter? explain this in accordance with Islamic law.

الجوابُ حامِدا ًو مُصلیِّا ً

In the mentioned case, since the fare was paid by the son without the wife's consent, no divorce (ṭalaq) has taken place. However, if in the future the wife accepts any money from her son’s earnings, then one revocable divorce (ṭalaq-e- raj‘i) will take effect. After that, the husband will have the right to reconcile (ruju) with her during the iddah (waiting period). Once the husband has reconciled, any future acceptance of money from the son’s income will not result in another divorce.

مأخَذُ الفَتوی

كما في تبيين الحقائق شرح كنز الدقائق وحاشية الشلبي: (قوله ولا يقال إلخ) قال الأتقاني - رحمه الله - ثم إنما وقع الطلاق عقيب الشرط في تعليق طلاق امرأته؛ لأن المعلق بالشرط كالمنجز عند وجود الشرط اھ (2/ 232)۔