Oath of divorce with the intention of the one who swore?
Machine translationRead the Arabic original
The questioner:
I am the sender who is confused. I have a question, Honorable Shaykh, in the most intense state of fear, anxiety, and confusion, to put it to you. One day, I got into a discussion with my husband about an ordinary matter, but my husband is very hot-tempered despite his kindness. I mean, any topic that does not please him makes him angry, and he shouts in my face, and in the end, he threatens with divorce or an oath. In any case, I will not take up Your Eminence’s time. I was intending to go to a certain place when he got angry and said to me, “By Allah, if you go to this place, you are divorced from me three times.” I was forced to go to the place he forbade me from, but I am afraid that if I go, the divorce will take place or not. Knowing that I am a very committed woman and I do not want to do anything that angers Allah, the Exalted and Sublime. After this threat and oath of divorce, two days or more later, my husband said to me, “If you go to the place you want to go to,” meaning when he calmed down, he said that. My intention was that if he forbade me, “I forbid you from going,” this is the husband’s words, my intention was to forbid you only from going on that same day, and as for now, wherever you wish to go, go. And I said to him, “No, I am afraid that after all that has happened, if I go, the divorce will take place.”
The Shaykh:
If it is as you mentioned that he intended to limit the oath to a specific time, and that time has ended, then the oath ends, and you may go to the place you mention.
As for if he did not specify a certain time, then this returns to his intention. In any case, it is obligatory for you to go, or for him to go himself, that he go himself and ask one of the scholars close to him to clarify for him his intention and purpose, so that the answer corresponds to the situation. Yes.
Which came from him, as for you, you cannot know his intention unless what he said is true, that he wants to limit the oath to a specific day.
The questioner:
Yes, and he indicated that at the end of the message.
The Shaykh:
This is at his own responsibility; if this is established, then the divorce ends with its time. Yes.
I am the sender who is confused. I have a question, Honorable Shaykh, in the most intense state of fear, anxiety, and confusion, to put it to you. One day, I got into a discussion with my husband about an ordinary matter, but my husband is very hot-tempered despite his kindness. I mean, any topic that does not please him makes him angry, and he shouts in my face, and in the end, he threatens with divorce or an oath. In any case, I will not take up Your Eminence’s time. I was intending to go to a certain place when he got angry and said to me, “By Allah, if you go to this place, you are divorced from me three times.” I was forced to go to the place he forbade me from, but I am afraid that if I go, the divorce will take place or not. Knowing that I am a very committed woman and I do not want to do anything that angers Allah, the Exalted and Sublime. After this threat and oath of divorce, two days or more later, my husband said to me, “If you go to the place you want to go to,” meaning when he calmed down, he said that. My intention was that if he forbade me, “I forbid you from going,” this is the husband’s words, my intention was to forbid you only from going on that same day, and as for now, wherever you wish to go, go. And I said to him, “No, I am afraid that after all that has happened, if I go, the divorce will take place.”
The Shaykh:
If it is as you mentioned that he intended to limit the oath to a specific time, and that time has ended, then the oath ends, and you may go to the place you mention.
As for if he did not specify a certain time, then this returns to his intention. In any case, it is obligatory for you to go, or for him to go himself, that he go himself and ask one of the scholars close to him to clarify for him his intention and purpose, so that the answer corresponds to the situation. Yes.
Which came from him, as for you, you cannot know his intention unless what he said is true, that he wants to limit the oath to a specific day.
The questioner:
Yes, and he indicated that at the end of the message.
The Shaykh:
This is at his own responsibility; if this is established, then the divorce ends with its time. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، الحلف بالطلاق على نية الحالف؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.