What is the ruling if a husband, who is ignorant of the religion, repeatedly swears by divorce more than three times and intends divorce?
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The questioner : He says, “I am married to a wife and I have four children from her. There were constant disagreements between us, and I would swear at her with a triple divorce. At the same time, she was asking for a divorce, and my intention during the disagreements was divorce. Once, I actually divorced her and then took her back. After she returned, the same disagreements and oaths recurred. At the end of each disagreement, some friends and relatives would intervene to reconcile us, but nothing came of it. Until that point, she remained under my responsibility. During this period, I was ignorant and far from prayer and the matters of religion. This happened more than ten times. What is the ruling in this case?”
The Shaykh : The ruling in this case is that as long as you intend divorce by what you say, the divorce takes place. If the divorce takes place and it is repeated three times, she becomes forbidden to you until she marries another husband in a valid marriage, and then separation occurs between them by death, divorce, or something similar, and her waiting period expires. Only then does she become permissible to you. This is if the sins you committed do not take you out of Islam. However, if the sin you are practicing and committing takes you out of Islam, then the man becomes an apostate, may Allah protect us from that, and his marriage is annulled, unless he repents and returns to Islam before the expiration of the waiting period. In that case, his marriage remains valid. Likewise, after the expiration of the waiting period, according to the stronger opinion, as long as the wife has a desire to return to him. Yes.
The questioner : May Allah reward you.
This questioner is Ahmad al-Sayyid Ahmad, an Egyptian working in Amman, Jordan.
The Shaykh : The ruling in this case is that as long as you intend divorce by what you say, the divorce takes place. If the divorce takes place and it is repeated three times, she becomes forbidden to you until she marries another husband in a valid marriage, and then separation occurs between them by death, divorce, or something similar, and her waiting period expires. Only then does she become permissible to you. This is if the sins you committed do not take you out of Islam. However, if the sin you are practicing and committing takes you out of Islam, then the man becomes an apostate, may Allah protect us from that, and his marriage is annulled, unless he repents and returns to Islam before the expiration of the waiting period. In that case, his marriage remains valid. Likewise, after the expiration of the waiting period, according to the stronger opinion, as long as the wife has a desire to return to him. Yes.
The questioner : May Allah reward you.
This questioner is Ahmad al-Sayyid Ahmad, an Egyptian working in Amman, Jordan.