Swearing an oath and then pronouncing three divorces if he gives him, and then he gave him
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Fatwa number ( 14238 )
Q: What is your opinion, may you be blessed, regarding a statement that came from me following a dispute that arose between me and my cousin over the irrigation of land that belongs to me, the irrigation of which is my right by virtue of a legal document? He came with the intention of taking from the irrigation of my farm without evidence. At that time, I took two oaths: The first was that I said: I swear by Allah, in whom there is no god but He, that I will not give you from the irrigation of my land, otherwise I am leaving the religion of Islam — meaning if I give you — and the second was that I said: A divorce of three from my wife that I will not give you anything from the irrigation of my land ; because you have no evidence against me unless I die or the Shari'ah rules against me. At that time, my uncle came to me with several people and asked me to reconsider this matter and give him from the irrigation of my farm what Allah enables me to give in a good manner... and so on. I ask Allah, then your eminence, about these two oaths that came from me, the causes of which are mentioned above. May Allah preserve you.
A: First: Your swearing that you would leave the religion of Islam if you gave your cousin from the irrigation of your land is not permissible. It is obligatory for you to repent and seek forgiveness, and to pay the expiation for an oath for your breaking of it. The expiation is: feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find [any of these], then fast for three days. Second: If your intention in swearing with the divorce of your wives by three
was that the divorce would take place if you gave your cousin and you did give him, then one divorce takes place on each of your wives, and you may take them back during the waiting period if two divorces did not precede this one. And if your intention in swearing with the divorce was to prevent yourself from giving your cousin from your land, and you did not intend for the divorce to take place, then no divorce takes place, and it is obligatory for you to pay the expiation for the oath, which is mentioned in the first paragraph. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: What is your opinion, may you be blessed, regarding a statement that came from me following a dispute that arose between me and my cousin over the irrigation of land that belongs to me, the irrigation of which is my right by virtue of a legal document? He came with the intention of taking from the irrigation of my farm without evidence. At that time, I took two oaths: The first was that I said: I swear by Allah, in whom there is no god but He, that I will not give you from the irrigation of my land, otherwise I am leaving the religion of Islam — meaning if I give you — and the second was that I said: A divorce of three from my wife that I will not give you anything from the irrigation of my land ; because you have no evidence against me unless I die or the Shari'ah rules against me. At that time, my uncle came to me with several people and asked me to reconsider this matter and give him from the irrigation of my farm what Allah enables me to give in a good manner... and so on. I ask Allah, then your eminence, about these two oaths that came from me, the causes of which are mentioned above. May Allah preserve you.
A: First: Your swearing that you would leave the religion of Islam if you gave your cousin from the irrigation of your land is not permissible. It is obligatory for you to repent and seek forgiveness, and to pay the expiation for an oath for your breaking of it. The expiation is: feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find [any of these], then fast for three days. Second: If your intention in swearing with the divorce of your wives by three
was that the divorce would take place if you gave your cousin and you did give him, then one divorce takes place on each of your wives, and you may take them back during the waiting period if two divorces did not precede this one. And if your intention in swearing with the divorce was to prevent yourself from giving your cousin from your land, and you did not intend for the divorce to take place, then no divorce takes place, and it is obligatory for you to pay the expiation for the oath, which is mentioned in the first paragraph. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.