A dispute arose between a husband and wife, and he prevented her from visiting her family, telling her, "If you go to your family, you are on your own responsibility." She then went to her family's house. Is the husband required to pay an expiation for an oath, or is she divorced with one revocable divorce? Is his statement considered a divorce?
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The questioner : He says: A dispute arose between me and my wife's family, which compelled me to prevent my wife from going to her family. I told her, "If you go to your family, you are on your own responsibility." Then I traveled to Iraq in search of livelihood and earnings, and I learned that she had gone after that. Am I required to pay an expiation for an oath, or is she divorced with one revocable divorce? Is my statement to her, "You are on your own responsibility," considered a divorce or not?
The Shaykh : First, before answering your question, I say: If the disputes between you and her family are personal, you should not prevent her from visiting her family, unless you fear that they will corrupt her for you. As for the divorce you imposed on her if she went to them: if you intended the divorce to take effect, then she is divorced, and this divorce is revocable if two prior divorces did not precede it. If you intended to threaten her and prevent her from going to her family without the divorce taking effect, then there is no divorce on you; rather, you are required to pay an expiation for an oath, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 The expiation for an oath is as Allah (Mighty and Majestic) mentioned: [Al-Ma'idah 5:89].
The questioner : May Allah reward you with good.
The Shaykh : First, before answering your question, I say: If the disputes between you and her family are personal, you should not prevent her from visiting her family, unless you fear that they will corrupt her for you. As for the divorce you imposed on her if she went to them: if you intended the divorce to take effect, then she is divorced, and this divorce is revocable if two prior divorces did not precede it. If you intended to threaten her and prevent her from going to her family without the divorce taking effect, then there is no divorce on you; rather, you are required to pay an expiation for an oath, based on 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 feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days
إطعام عشرة مساكين من أوسط ما تطعمون أهليكم أو كسوتهم أو تحرير رقبة فمن لم يجد فصيام ثلاثة أيامThe questioner : May Allah reward you with good.