I told my wife, “If you do such-and-such, you are divorced.” After a period of time, she did that thing. Did the divorce take place, or is it an oath?
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Question:
He says: Please advise me that a misunderstanding occurred between me and my wife, and I said to her, “If you do such-and-such, you are divorced.” After a period of time, my wife did that thing, and I informed her that the divorce had taken place. However, Honorable Shaykh, I took her back in the same night after informing her that this divorce counts as one of the three divorces. But, Honorable Shaykh, I have not yet witnessed witnesses to that. When I asked one of the sheikhs, he informed me that if there was no intention of divorce, then the divorce did not take place, and I must pay the expiation for an oath by feeding ten poor people. Knowing that I suspended her divorce to prevent her from doing that thing, and there was no intention of divorce. Honorable Shaykh, is what I did with my wife regarding taking her back valid? What is the ruling on delaying the witnesses? Did the divorce actually take place or not? And what is your view on the fatwa stating that I must pay the expiation for an oath regarding that? Knowing that I fed ten poor people out of fear of delay? May Allah reward you with good.
Answer:
If you intended to effect the divorce when the condition was met, then this is a divorce by the consensus of the scholars, because it is an intended divorce suspended on a condition, and the condition has occurred, so the divorce takes place. And if it was not preceded by a divorce that would make it the third, then it is a revocable divorce, and you have taken her back. As for witnessing, it is not obligatory; witnessing the taking back is a recommended practice (sunnah) and not obligatory. So your taking her back is valid, if Allah wills. As for what some sheikhs told you, that if you did not intend divorce, it becomes an oath requiring expiation, some scholars also said this: that if one did not intend divorce, but intended what is intended by an oath, such as urging someone to do something or preventing them from it, some scholars hold that it follows the course of an oath, so the expiation is due. So, with your intention: if you intended divorce, it took place, this is without dispute, and you have taken her back, and praise be to Allah, and your taking her back is valid, even if you did not have witnesses. And if you did not intend divorce, but intended urging or prevention, meaning you intended the implication of an oath, then there is a basis for the expiation in that; because some scholars hold that this divorce follows the course of an oath, and the expiation resolves it. And you have already paid the expiation, which means you did the obligatory thing from both sides: from the side of taking her back if it was a divorce, and from the side of the expiation if it was an oath. So praise be to Allah. Yes.
He says: Please advise me that a misunderstanding occurred between me and my wife, and I said to her, “If you do such-and-such, you are divorced.” After a period of time, my wife did that thing, and I informed her that the divorce had taken place. However, Honorable Shaykh, I took her back in the same night after informing her that this divorce counts as one of the three divorces. But, Honorable Shaykh, I have not yet witnessed witnesses to that. When I asked one of the sheikhs, he informed me that if there was no intention of divorce, then the divorce did not take place, and I must pay the expiation for an oath by feeding ten poor people. Knowing that I suspended her divorce to prevent her from doing that thing, and there was no intention of divorce. Honorable Shaykh, is what I did with my wife regarding taking her back valid? What is the ruling on delaying the witnesses? Did the divorce actually take place or not? And what is your view on the fatwa stating that I must pay the expiation for an oath regarding that? Knowing that I fed ten poor people out of fear of delay? May Allah reward you with good.
Answer:
If you intended to effect the divorce when the condition was met, then this is a divorce by the consensus of the scholars, because it is an intended divorce suspended on a condition, and the condition has occurred, so the divorce takes place. And if it was not preceded by a divorce that would make it the third, then it is a revocable divorce, and you have taken her back. As for witnessing, it is not obligatory; witnessing the taking back is a recommended practice (sunnah) and not obligatory. So your taking her back is valid, if Allah wills. As for what some sheikhs told you, that if you did not intend divorce, it becomes an oath requiring expiation, some scholars also said this: that if one did not intend divorce, but intended what is intended by an oath, such as urging someone to do something or preventing them from it, some scholars hold that it follows the course of an oath, so the expiation is due. So, with your intention: if you intended divorce, it took place, this is without dispute, and you have taken her back, and praise be to Allah, and your taking her back is valid, even if you did not have witnesses. And if you did not intend divorce, but intended urging or prevention, meaning you intended the implication of an oath, then there is a basis for the expiation in that; because some scholars hold that this divorce follows the course of an oath, and the expiation resolves it. And you have already paid the expiation, which means you did the obligatory thing from both sides: from the side of taking her back if it was a divorce, and from the side of the expiation if it was an oath. So praise be to Allah. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، قلت لزوجتي إذا فعلتي كذا فأنتي طالق وبعد فترة من الزمن فعلت ذلك الشيء فهل هذا وقع الطلاق أم هو يمين؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
