A man forbade his wife from doing something and told her, "If anyone from my family orders you to do it, tell him: My husband has forbidden me from this under threat of divorce."
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The questioner : The second case: He says, "I forbade my wife from doing something other than the first one, and I told her, 'If anyone from my family—I mean my father or my mother—says to you, do that action, tell him that my husband has forbidden me from it under threat of divorce.' When I was away from the house, I learned that she had done it. I became very angry and said to her, 'You are divorced twice.' I intended by this phrase to remind her of what I had previously told her about this matter. What is the ruling in this case?"
The Shaykh : The ruling in this case is that your last statement, "You are divorced," if you were in a state of extreme anger where you did not know what you were saying, then the divorce does not take effect from you. However, if you were in control of yourself and able to act with sound judgment, and you said to her, "You are divorced," claiming that it was a reminder of what came before, then this must be referred to the court. This is because you are claiming something contrary to the apparent meaning. The apparent meaning of this statement is that you pronounced the divorce upon her due to her violation of what you mentioned. Since you are claiming something contrary to the apparent meaning, it is necessary that this be referred to the court, unless the woman believes what you are saying, in which case your claim is accepted. However, your words are in fact contrary to reality. Your claim that this was a reminder of what came before is contrary to the apparent meaning of the words and the circumstances accompanying them. So, my brother, you must fear Allah (Mighty and Majestic) and not seek out ruses in such great and serious matters. Rather, you must be truthful in what you say. I see that it is necessary to bring this issue to the court so that they may examine the circumstances and the possibility of your truthfulness in what you have claimed.
The Shaykh : The ruling in this case is that your last statement, "You are divorced," if you were in a state of extreme anger where you did not know what you were saying, then the divorce does not take effect from you. However, if you were in control of yourself and able to act with sound judgment, and you said to her, "You are divorced," claiming that it was a reminder of what came before, then this must be referred to the court. This is because you are claiming something contrary to the apparent meaning. The apparent meaning of this statement is that you pronounced the divorce upon her due to her violation of what you mentioned. Since you are claiming something contrary to the apparent meaning, it is necessary that this be referred to the court, unless the woman believes what you are saying, in which case your claim is accepted. However, your words are in fact contrary to reality. Your claim that this was a reminder of what came before is contrary to the apparent meaning of the words and the circumstances accompanying them. So, my brother, you must fear Allah (Mighty and Majestic) and not seek out ruses in such great and serious matters. Rather, you must be truthful in what you say. I see that it is necessary to bring this issue to the court so that they may examine the circumstances and the possibility of your truthfulness in what you have claimed.
