Swearing by Allah or by divorce not to do something: what is the ruling if he does it?
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Question:
May Allah reward you with good and do you good. He says: Sometimes a person becomes angry, and Satan enters upon him at that time, so he swears by Allah or by divorce that he will not do a certain act. If he then does it, what should he do, since he has sworn by Allah or by divorce? May Allah reward you with good?
Answer:
First, it is obligatory for the Muslim to guard his tongue from swearing, so he should not swear about everything, especially swearing by divorce, because of the danger involved in it.
As for what the questioner mentioned, that he swore by Allah and also by divorce that he would not do something, and then he did it, this is considered that he has sworn in his oath. From the perspective of the oath by Allah, he is required to pay the expiation, which is feeding ten poor people, or clothing them, or freeing a slave, meaning freeing a slave. He has the choice between these three things: feeding ten poor people, giving each poor person half a sa' (a dry measure of about 3 kg), which is approximately one and a half kilograms of food, or clothing them by giving each poor person a garment that covers him, or freeing a slave. If he is unable to do any of these three, then he must fast for three days.
As for the divorce by which he swore that he would not do this thing, and then he did it, this depends on his intention, according to the correct opinion. If he intended to effect the divorce when he did this thing, then the divorce takes place; it results in one revocable divorce. If two previous revocable divorces had not preceded it, he may take his wife back, and he will have two revocable divorces remaining for her. If one revocable divorce had preceded it, he may also take his wife back, and he will have one revocable divorce remaining for her. However, if two revocable divorces had preceded this one, then this one completes the three, and she is divorced from him with a major final divorce; she is not lawful for him again except through the means of the wife marrying another man, and that husband divorcing her while desiring to part with her. But if he did not intend divorce, but rather intended to prevent himself from this thing, then it follows the course of an oath, according to the correct opinion, and he pays the expiation for an oath as mentioned previously.
May Allah reward you with good and do you good. He says: Sometimes a person becomes angry, and Satan enters upon him at that time, so he swears by Allah or by divorce that he will not do a certain act. If he then does it, what should he do, since he has sworn by Allah or by divorce? May Allah reward you with good?
Answer:
First, it is obligatory for the Muslim to guard his tongue from swearing, so he should not swear about everything, especially swearing by divorce, because of the danger involved in it.
As for what the questioner mentioned, that he swore by Allah and also by divorce that he would not do something, and then he did it, this is considered that he has sworn in his oath. From the perspective of the oath by Allah, he is required to pay the expiation, which is feeding ten poor people, or clothing them, or freeing a slave, meaning freeing a slave. He has the choice between these three things: feeding ten poor people, giving each poor person half a sa' (a dry measure of about 3 kg), which is approximately one and a half kilograms of food, or clothing them by giving each poor person a garment that covers him, or freeing a slave. If he is unable to do any of these three, then he must fast for three days.
As for the divorce by which he swore that he would not do this thing, and then he did it, this depends on his intention, according to the correct opinion. If he intended to effect the divorce when he did this thing, then the divorce takes place; it results in one revocable divorce. If two previous revocable divorces had not preceded it, he may take his wife back, and he will have two revocable divorces remaining for her. If one revocable divorce had preceded it, he may also take his wife back, and he will have one revocable divorce remaining for her. However, if two revocable divorces had preceded this one, then this one completes the three, and she is divorced from him with a major final divorce; she is not lawful for him again except through the means of the wife marrying another man, and that husband divorcing her while desiring to part with her. But if he did not intend divorce, but rather intended to prevent himself from this thing, then it follows the course of an oath, according to the correct opinion, and he pays the expiation for an oath as mentioned previously.
Source
قناة «العلامة الدكتور صالح الفوزان»، حلف بالله أو بالطلاق ألا يفعل هذا، فماذا عليه لو فعله؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.