Making divorce conditional on her narrating matters concerning the household
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Fatwa number ( 12820 )
Q: I said to my wife: If you tell your mother anything about our problems or anything that happens in our house, you are divorced, and my intercourse with you is unlawful sexual intercourse, except for what I tell you to say. And this was said while I was angry, to the extent that
From my anger, I could not control myself, and I said this without awareness or even thinking about it. The question is: If she tells her mother anything that happened in our house, does she become divorced? And if she speaks again a second time, does she become divorced a second time, and if she speaks a third time, does she become divorced a third time without the possibility of taking her back? And if I want to retract this statement (the oath), meaning: I tell her, “Tell your mother anything,” if I want to do so and I am not divorced, is this permissible or not?
A: If your intention in making the divorce conditional on narrating something of your problems was divorce, and then she narrated something of the problems, one divorce takes place, and you may take her back during the waiting period if two divorces did not precede this one. If your intention in making the divorce conditional was to prevent your wife from narrating anything of the problems, and you did not intend divorce, and then she narrated it, no divorce takes place by the narration; rather, the ruling of that is the ruling of an oath, so you expiate the oath by feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find the means to do so, fast for three days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I said to my wife: If you tell your mother anything about our problems or anything that happens in our house, you are divorced, and my intercourse with you is unlawful sexual intercourse, except for what I tell you to say. And this was said while I was angry, to the extent that
From my anger, I could not control myself, and I said this without awareness or even thinking about it. The question is: If she tells her mother anything that happened in our house, does she become divorced? And if she speaks again a second time, does she become divorced a second time, and if she speaks a third time, does she become divorced a third time without the possibility of taking her back? And if I want to retract this statement (the oath), meaning: I tell her, “Tell your mother anything,” if I want to do so and I am not divorced, is this permissible or not?
A: If your intention in making the divorce conditional on narrating something of your problems was divorce, and then she narrated something of the problems, one divorce takes place, and you may take her back during the waiting period if two divorces did not precede this one. If your intention in making the divorce conditional was to prevent your wife from narrating anything of the problems, and you did not intend divorce, and then she narrated it, no divorce takes place by the narration; rather, the ruling of that is the ruling of an oath, so you expiate the oath by feeding ten poor people, or clothing them, or freeing a believing slave. If you do not find the means to do so, fast for three days. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.