It is forbidden to divorce his wife, and he did not divorce her
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Fatwa number ( 1470 )
Q: A quarrel broke out between my wife and my son’s wife, which led my son to intervene and say to his wife: “I swear by the haram that you are divorced today, or else tomorrow,” intending to frighten and threaten her because of her bad behavior toward his mother. What is the ruling on this in Islamic law?
A: If the situation is as described, his saying to his wife, “You are divorced today, or else tomorrow,” is not a divorce; rather, it is a threat and a warning that he is ready to divorce her soon. As for his saying “I swear by the haram,” he is obligated to pay the expiation for an oath if he does not carry out the divorce he threatened her with soon. This is done by feeding ten poor people from the middle of what he feeds his family, giving each poor person half a sa’ (a dry measure of about 3 kg) of wheat, dates, rice, or the like, or by clothing ten poor people, or by freeing a slave. If he cannot do so, he must fast for three days, and it is better if they are consecutive. Allah the Exalted said:
[At-Tahrim 66:1-2] And He the Exalted said: [Al-Ma'idah 5:87-89] He must fear Allah and not forbid himself anything that Allah has made lawful for him. He should repent to Allah for what he has neglected and seek His forgiveness, for Allah is Oft-Forgiving, Most Merciful. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A quarrel broke out between my wife and my son’s wife, which led my son to intervene and say to his wife: “I swear by the haram that you are divorced today, or else tomorrow,” intending to frighten and threaten her because of her bad behavior toward his mother. What is the ruling on this in Islamic law?
A: If the situation is as described, his saying to his wife, “You are divorced today, or else tomorrow,” is not a divorce; rather, it is a threat and a warning that he is ready to divorce her soon. As for his saying “I swear by the haram,” he is obligated to pay the expiation for an oath if he does not carry out the divorce he threatened her with soon. This is done by feeding ten poor people from the middle of what he feeds his family, giving each poor person half a sa’ (a dry measure of about 3 kg) of wheat, dates, rice, or the like, or by clothing ten poor people, or by freeing a slave. If he cannot do so, he must fast for three days, and it is better if they are consecutive. Allah the Exalted said:
(1) O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful. (2) Allah has already ordained for you [Muslims] the dissolution of your oaths
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاةَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ (1) قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ(87) O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors. (88) And eat of what Allah has provided for you [which is] lawful and good. And fear Allah, in whom you are believers. (89) Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful.
يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلاَ تَعْتَدُوا إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ (87) وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلاَلاً طَيِّبًا وَاتَّقُوا اللَّهَ الَّذِي أَنْتُمْ بِهِ مُؤْمِنُونَ (88) لاَ يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.