Oath of divorce not to eat at his brothers' place, then his wife died and he married a second wife: does the divorce apply to her if he breaks the oath?
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The second question of Fatwa No. ( 18045 )
Q2: My father swore by the Great Allah, then attached the word divorce to it, saying he would not eat or drink at his brothers' place. The text of the oath was: "By Allah, by Allah, and upon me is the divorce of my children's mother, three times, that I will not eat or drink at my brothers' place." Your Eminence: Several years after this oath, his wife, who was in his possession at the time of the oath, passed away. Several years after her death, he married another woman. Does his previous divorce apply to his second wife, whom he married after the oath and after the death of his first wife, or not?
A2: If your father intended by the oath of divorce to prevent himself from
eating his brothers' food or drinking their drink, and did not intend for the divorce to take place, then according to the correct view, if he breaks the oath by eating or drinking, he must expiate the oath. The expiation is: feeding ten poor people, or clothing them, or freeing a slave. If he cannot find the means to do so, he must fast for three days. If your father intended for the divorce to take place if he broke his oath, then if he breaks it, one divorce takes effect on his first wife. He may take her back if she is still alive at the time of the breach. If it is after her death, he owes nothing, and nothing takes effect on the second wife if the oath preceded the marriage contract with the second wife. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: My father swore by the Great Allah, then attached the word divorce to it, saying he would not eat or drink at his brothers' place. The text of the oath was: "By Allah, by Allah, and upon me is the divorce of my children's mother, three times, that I will not eat or drink at my brothers' place." Your Eminence: Several years after this oath, his wife, who was in his possession at the time of the oath, passed away. Several years after her death, he married another woman. Does his previous divorce apply to his second wife, whom he married after the oath and after the death of his first wife, or not?
A2: If your father intended by the oath of divorce to prevent himself from
eating his brothers' food or drinking their drink, and did not intend for the divorce to take place, then according to the correct view, if he breaks the oath by eating or drinking, he must expiate the oath. The expiation is: feeding ten poor people, or clothing them, or freeing a slave. If he cannot find the means to do so, he must fast for three days. If your father intended for the divorce to take place if he broke his oath, then if he breaks it, one divorce takes effect on his first wife. He may take her back if she is still alive at the time of the breach. If it is after her death, he owes nothing, and nothing takes effect on the second wife if the oath preceded the marriage contract with the second wife. 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.