He said to her: If you do not reach the house and do not come, I will beat you.
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Fatwa number ( 2385 )
Q: If his wife left his house to go to her cousin’s house, and he asked her to return to his house and she refused, and he said to her, the text of which is: “By divorce, if you do not reach the house and do not come, I will surely beat you,” and he did not intend the divorce in his oath except regarding beating her, and she returned to her house at night , and he seeks a ruling on that.
A: If the situation is as you described and you beat her afterwards with the intention of expiating what you intended, then you owe nothing. And if you did not beat her and did not set a time in your mind for her return at the time of what you mentioned coming from you, but you only intended
her return to the house and she has returned, then you owe nothing. And if you intended that she walk with you at the time when what you mentioned came from you regarding her, and she did not return at that time, then upon you is the expiation of an oath, which is: feeding ten poor people, or clothing them, or freeing a slave. If you do not find [the means], then fasting three days, and it is better that the fasting be consecutive. And upon you is to repent to Allah (Glorified and Exalted is He); because it is not permissible for a Muslim to swear by divorce or by anything else of the created things, but rather he swears by Allah alone, due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2679 It is agreed upon as authentic. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: If his wife left his house to go to her cousin’s house, and he asked her to return to his house and she refused, and he said to her, the text of which is: “By divorce, if you do not reach the house and do not come, I will surely beat you,” and he did not intend the divorce in his oath except regarding beating her, and she returned to her house at night , and he seeks a ruling on that.
A: If the situation is as you described and you beat her afterwards with the intention of expiating what you intended, then you owe nothing. And if you did not beat her and did not set a time in your mind for her return at the time of what you mentioned coming from you, but you only intended
her return to the house and she has returned, then you owe nothing. And if you intended that she walk with you at the time when what you mentioned came from you regarding her, and she did not return at that time, then upon you is the expiation of an oath, which is: feeding ten poor people, or clothing them, or freeing a slave. If you do not find [the means], then fasting three days, and it is better that the fasting be consecutive. And upon you is to repent to Allah (Glorified and Exalted is He); because it is not permissible for a Muslim to swear by divorce or by anything else of the created things, but rather he swears by Allah alone, due to the saying of the Prophet (peace and blessings be upon him):
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفا فليحلف بالله أو ليصمت
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.