What is the ruling on one who swore by divorce that he would not go to work, then went the next day?
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The questioner:
He has another question in this message. He says: A problem occurred at my work. One day, I swore and said, “I divorce you if I do not go to work,” and I went the next day. Is there anything required of me regarding this oath? And is it considered a divorce oath or what?
The Shaykh:
What does he say?
The questioner:
He says: A problem occurred at my work. One day, I swore and said, “I divorce you if I do not go to work,” and I went the next day. Is there anything required of me regarding this oath?
The Shaykh:
First, if you intended not to go on the first day and then went on the second day, you owe nothing, because this oath is limited to a specific time; when that time ends, its ruling ceases. However, if you intended not to go to work absolutely, on all days or on specific days, and then you went during that period, then it depends on your intention regarding the divorce. If your intention was to effect the divorce when the cause occurs, then your wife is divorced by it, because this is a divorce contingent on a condition; when the condition is met, the consequence follows. Thus, one divorce takes effect on you, a single divorce that you may take back afterward, provided this divorce was not preceded by others that would complete three. If so, you may take her back, and you will have only two divorces remaining for her. But if you intended by this oath only to refrain from going to work and did not intend to effect the divorce, then this is considered one of the oaths requiring expiation, according to the correct opinion of the scholars. You must expiate it with the expiation of an oath, which is feeding ten poor people, or clothing them, or freeing a slave. If you cannot find the means to do so, then you must fast for three days.
He has another question in this message. He says: A problem occurred at my work. One day, I swore and said, “I divorce you if I do not go to work,” and I went the next day. Is there anything required of me regarding this oath? And is it considered a divorce oath or what?
The Shaykh:
What does he say?
The questioner:
He says: A problem occurred at my work. One day, I swore and said, “I divorce you if I do not go to work,” and I went the next day. Is there anything required of me regarding this oath?
The Shaykh:
First, if you intended not to go on the first day and then went on the second day, you owe nothing, because this oath is limited to a specific time; when that time ends, its ruling ceases. However, if you intended not to go to work absolutely, on all days or on specific days, and then you went during that period, then it depends on your intention regarding the divorce. If your intention was to effect the divorce when the cause occurs, then your wife is divorced by it, because this is a divorce contingent on a condition; when the condition is met, the consequence follows. Thus, one divorce takes effect on you, a single divorce that you may take back afterward, provided this divorce was not preceded by others that would complete three. If so, you may take her back, and you will have only two divorces remaining for her. But if you intended by this oath only to refrain from going to work and did not intend to effect the divorce, then this is considered one of the oaths requiring expiation, according to the correct opinion of the scholars. You must expiate it with the expiation of an oath, which is feeding ten poor people, or clothing them, or freeing a slave. If you cannot find the means to do so, then you must fast for three days.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من حلف على الطلاق ألا يذهب إلى العمل، ثم ذهب في اليوم التالي؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.