Oath of divorce not to provide for his wife, then he sent for her
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Fatwa number ( 16733 )
Q: I am a man married to a woman, and I have a daughter from her, and I am here in the Kingdom . I have debts and I have delayed [providing for her]. Because of this delay, some of my brothers in Allah argued with me about the delay, so I made an oath not to provide for her, an oath of divorce. After a period, I sent for her. I know that this oath was made in anger. Will this divorce take effect? I also know that I returned to Allah regarding this oath, and I believed that this oath was shirk (associating partners with Allah). What is your opinion?
A: An oath of divorce is not among the oaths prescribed in the Shari'ah, and the one who
makes an oath of divorce to bind himself to not doing an obligatory act: he must expiate the oath with the expiation for an oath. If your intention in your oath of divorce was to prevent yourself from sending the maintenance, it is obligatory for you to do the obligatory act and to expiate the oath with the expiation for an oath. The expiation is: freeing a believing slave, or feeding ten poor people, or clothing them. If you do not find [the means], then fast for three days. If your intention in the oath of divorce was that the divorce would take effect if you broke your oath, and then you broke your oath, one divorce takes effect, and it is permissible for you to take her back as long as she is in the waiting period, if this is not the third divorce. Such an oath is not called shirk (associating partners with Allah), but rather it is an oath in meaning: if its maker intends to refrain from something and urges himself to do it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am a man married to a woman, and I have a daughter from her, and I am here in the Kingdom . I have debts and I have delayed [providing for her]. Because of this delay, some of my brothers in Allah argued with me about the delay, so I made an oath not to provide for her, an oath of divorce. After a period, I sent for her. I know that this oath was made in anger. Will this divorce take effect? I also know that I returned to Allah regarding this oath, and I believed that this oath was shirk (associating partners with Allah). What is your opinion?
A: An oath of divorce is not among the oaths prescribed in the Shari'ah, and the one who
makes an oath of divorce to bind himself to not doing an obligatory act: he must expiate the oath with the expiation for an oath. If your intention in your oath of divorce was to prevent yourself from sending the maintenance, it is obligatory for you to do the obligatory act and to expiate the oath with the expiation for an oath. The expiation is: freeing a believing slave, or feeding ten poor people, or clothing them. If you do not find [the means], then fast for three days. If your intention in the oath of divorce was that the divorce would take effect if you broke your oath, and then you broke your oath, one divorce takes effect, and it is permissible for you to take her back as long as she is in the waiting period, if this is not the third divorce. Such an oath is not called shirk (associating partners with Allah), but rather it is an oath in meaning: if its maker intends to refrain from something and urges himself to do it. 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.