The Ruling on Swearing by Divorce to One’s Wife
Machine translationRead the Arabic original
Question:
I thank the brothers in the city of Ar’ar, and we move on to the brothers in al-Jawf at the University of Shaykh al-Islam Ibn Taymiyyah. Blessings. Yes. May Allah reward you, my brother the Shaykh, and may He bless your knowledge. A questioner asks, saying: We have people among the common folk who say, “By the three, you will do such and such, or you will behave such and such,” and they say this is an oath, and its penalty is that I will slaughter a sacrificial animal so that my wife will return to me, and they always do this. By “the three,” they mean that his wife becomes like his mother, his sister, and his maternal aunt.
Answer:
And we deny this. Yes, “by the three” means divorce; this is clear. He intends by “the three” to mean divorce, so this is an oath by divorce. If he intends to divorce his wife, then she is divorced and becomes unlawful to him, because he divorced her in the pre-Islamic age of ignorance (jahiliyyah). But if he intends only to prevent his wife from doing something and does not intend divorce, then there is a difference of opinion among the scholars. Some issue a ruling that he owes an expiation for an oath, while others say the divorce takes place, just as in the first case. They say the divorce takes place, just as in the first case. In any case, it is obligatory that they avoid this matter, and that they advise one another. The preachers in the mosques and schools should explain these things to the people and warn them against them. Every region, without doubt, has customs and things that require treatment. Those who treat these are the students of knowledge, the callers to Allah, and the scholars in every region. It is not permissible for them to remain silent about these social diseases and not treat them. But the Ministry of Health allocates resources to treat diseases and spends money, and they are right in this, and may Allah reward them with good. So how are the scholars not treating diseases that are more dangerous than diseases of the body? Diseases of creed and diseases of sins. The doctors are better than them in fulfilling their duty. The doctors have fulfilled their duty, and the scholars have not fulfilled their duty. This is a matter, by Allah, that must be raised. It is obligatory to forbid these customs and these ideas, from the scholars, the students of knowledge, the preachers, the teachers, the orators, and the callers to Allah. Efforts should be combined in these matters.
I thank the brothers in the city of Ar’ar, and we move on to the brothers in al-Jawf at the University of Shaykh al-Islam Ibn Taymiyyah. Blessings. Yes. May Allah reward you, my brother the Shaykh, and may He bless your knowledge. A questioner asks, saying: We have people among the common folk who say, “By the three, you will do such and such, or you will behave such and such,” and they say this is an oath, and its penalty is that I will slaughter a sacrificial animal so that my wife will return to me, and they always do this. By “the three,” they mean that his wife becomes like his mother, his sister, and his maternal aunt.
Answer:
And we deny this. Yes, “by the three” means divorce; this is clear. He intends by “the three” to mean divorce, so this is an oath by divorce. If he intends to divorce his wife, then she is divorced and becomes unlawful to him, because he divorced her in the pre-Islamic age of ignorance (jahiliyyah). But if he intends only to prevent his wife from doing something and does not intend divorce, then there is a difference of opinion among the scholars. Some issue a ruling that he owes an expiation for an oath, while others say the divorce takes place, just as in the first case. They say the divorce takes place, just as in the first case. In any case, it is obligatory that they avoid this matter, and that they advise one another. The preachers in the mosques and schools should explain these things to the people and warn them against them. Every region, without doubt, has customs and things that require treatment. Those who treat these are the students of knowledge, the callers to Allah, and the scholars in every region. It is not permissible for them to remain silent about these social diseases and not treat them. But the Ministry of Health allocates resources to treat diseases and spends money, and they are right in this, and may Allah reward them with good. So how are the scholars not treating diseases that are more dangerous than diseases of the body? Diseases of creed and diseases of sins. The doctors are better than them in fulfilling their duty. The doctors have fulfilled their duty, and the scholars have not fulfilled their duty. This is a matter, by Allah, that must be raised. It is obligatory to forbid these customs and these ideas, from the scholars, the students of knowledge, the preachers, the teachers, the orators, and the callers to Allah. Efforts should be combined in these matters.
Source
الظهار باللفظ المبهم — alfawzan.live
The Arabic text is a machine transcription of the audio recording.