The Ruling on Swearing an Oath of Divorce Three Times
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 Taymiyyah. 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, "I swear three times that you will do such and such, or that you will leave such and such," and they call this an oath. The rest of it is that they slaughter an animal to get their wife back, and they always do this. By "three," they mean that his wife becomes like his mother, his sister, or his maternal aunt.
Answer:
And we advise him regarding this. Yes, "three" means divorce, and this is clear. We call it "three," meaning divorce, so this is an oath of divorce. If he intends to divorce his wife, she is divorced and separated from him, because he divorced her in the manner of the Salaf. However, if he intends only the oath to prevent his wife and does not intend divorce, 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 like the first case. They say the divorce takes place, just like 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 the teachers should explain these things to the people and warn them against them. Every region, without a doubt, has customs and things that require treatment. Those who treat this 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 without treating them.
But the Ministry of Health avoids the possibilities of treating diseases and spends money, and they are right in this, and may Allah reward them with good. So how is it that the scholars do not treat the diseases that are more dangerous than bodily diseases—diseases of 'aqidah (creed) and diseases of sins? The doctors are better than them in fulfilling the obligation. The doctors have fulfilled their duty, and the scholars have not fulfilled their duty. This is a matter, and by Allah, it is obligatory to forbid these customs and these ideas. This is the duty of the scholars, the students of knowledge, the preachers, the teachers, the preachers of moral exhortation, and the callers to Allah. Efforts should be combined in these matters. Yes.
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 Taymiyyah. 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, "I swear three times that you will do such and such, or that you will leave such and such," and they call this an oath. The rest of it is that they slaughter an animal to get their wife back, and they always do this. By "three," they mean that his wife becomes like his mother, his sister, or his maternal aunt.
Answer:
And we advise him regarding this. Yes, "three" means divorce, and this is clear. We call it "three," meaning divorce, so this is an oath of divorce. If he intends to divorce his wife, she is divorced and separated from him, because he divorced her in the manner of the Salaf. However, if he intends only the oath to prevent his wife and does not intend divorce, 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 like the first case. They say the divorce takes place, just like 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 the teachers should explain these things to the people and warn them against them. Every region, without a doubt, has customs and things that require treatment. Those who treat this 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 without treating them.
But the Ministry of Health avoids the possibilities of treating diseases and spends money, and they are right in this, and may Allah reward them with good. So how is it that the scholars do not treat the diseases that are more dangerous than bodily diseases—diseases of 'aqidah (creed) and diseases of sins? The doctors are better than them in fulfilling the obligation. The doctors have fulfilled their duty, and the scholars have not fulfilled their duty. This is a matter, and by Allah, it is obligatory to forbid these customs and these ideas. This is the duty of the scholars, the students of knowledge, the preachers, the teachers, the preachers of moral exhortation, and the callers to Allah. Efforts should be combined in these matters. Yes.
Source
الظهار باللفظ المبهم — alfawzan.live
The Arabic text is a machine transcription of the audio recording.