She says: I am a married woman, and once a quarrel broke out between me and my husband over my sister, with whom I had a disagreement. So my husband swore an oath over me, saying: “You are divorced.”
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The questioner : She says: I am a married woman, and once a quarrel broke out between me and my husband over my sister, with whom I had a disagreement. So my husband swore an oath over me, saying: “You are divorced, you are divorced, you are divorced,” three times, if you visit your sister’s house. After two months had passed, her sister came and apologized for what had come from her, and they reconciled. She invited her to visit, and she visited her at her home. After her husband learned of this, he was not affected and did not object to it. However, she asks about the ruling on her visiting her sister after her husband divorced her, if she goes?
The Shaykh : This question, which is the statement of her husband: “You are divorced, you are divorced, you are divorced” if you go to your sister’s house, requires detail. First, if the husband said this intending that as long as the sister remains in her current state of severing ties and not admitting the mistake that came from her, then if the sister comes and apologizes and rectifies her situation, it is permissible for the wife to go to her, and there is no blame on the husband in that, and no divorce.
As for if his intention was the actual pronouncement of divorce, meaning that she should not go to her sister’s house, and he did not have in his mind what we mentioned, then it also requires detail. If the man intends by this conditional statement to prevent the wife, then it is an oath, and its ruling is the ruling of an oath. The sin and the prevention can be removed by expiating the oath, by feeding ten poor people or clothing them. If he does not find the means, he fasts three consecutive days. And if his intention was to effect the divorce, meaning that he says: if his wife goes to this place, then his soul has become disgusted with her and he hates her and does not want her, then in this case, if she goes to her sister, she is divorced from him, due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 The brother questioner should note this detail that we have mentioned.
The questioner : May Allah reward you.
The Shaykh : This question, which is the statement of her husband: “You are divorced, you are divorced, you are divorced” if you go to your sister’s house, requires detail. First, if the husband said this intending that as long as the sister remains in her current state of severing ties and not admitting the mistake that came from her, then if the sister comes and apologizes and rectifies her situation, it is permissible for the wife to go to her, and there is no blame on the husband in that, and no divorce.
As for if his intention was the actual pronouncement of divorce, meaning that she should not go to her sister’s house, and he did not have in his mind what we mentioned, then it also requires detail. If the man intends by this conditional statement to prevent the wife, then it is an oath, and its ruling is the ruling of an oath. The sin and the prevention can be removed by expiating the oath, by feeding ten poor people or clothing them. If he does not find the means, he fasts three consecutive days. And if his intention was to effect the divorce, meaning that he says: if his wife goes to this place, then his soul has become disgusted with her and he hates her and does not want her, then in this case, if she goes to her sister, she is divorced from him, due to the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىThe questioner : May Allah reward you.