He said to his wife: “I divorce you if you swear by the lives of my children a second time, you will not stay in the house.”
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Q2: One day, my wife swore an oath in front of me and said to me: “By the life of my children.” I got angry at her and said to her: “I divorce you if you swear by the life of my children a second time while you are sitting in it” meaning in the house. After that, I regretted the oath because I do not want to divorce her, and praise be to Allah, she has not sworn in front of me up to now.
But I want to annul this oath and go back on it, because it is possible that my wife might swear one day while she is forgetful. What should I do? May Allah reward you with good.
A2: Your wife’s swearing by the lives of her children is an oath that is not established, because it is swearing by other than Allah the Exalted, and this is not permissible; rather, it is minor shirk (associating partners with Allah). It is established from the Prophet (peace and blessings be upon him) that he said:Riyad as-Salihin 1711 Narrated by Abu Dawud and al-Tirmidhi . It is also established from him that he said: Sunan Abi Dawud 3249Sahih (Al-Albani) Agreed upon by al-Bukhari and Muslim. Your oath regarding your wife that she should not swear by the lives of her children is a warning to her against swearing by other than Allah the Exalted. If you intended that, then it is like an oath for which you expiate with the expiation of an oath if she swears by the lives of her children while remembering your oath. If you intended divorce, then it takes effect as one divorce if she swears by what you forbade her from while remembering. However, if she swears while forgetting, then nothing takes effect by that; because of the saying of Allah the Sublime: [Al-Baqarah 2:286] And it is authentic from the Messenger of Allah (peace and blessings be upon him): Sunan al-Bayhaqi 15:878 And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
But I want to annul this oath and go back on it, because it is possible that my wife might swear one day while she is forgetful. What should I do? May Allah reward you with good.
A2: Your wife’s swearing by the lives of her children is an oath that is not established, because it is swearing by other than Allah the Exalted, and this is not permissible; rather, it is minor shirk (associating partners with Allah). It is established from the Prophet (peace and blessings be upon him) that he said:
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركAllah forbids you to swear by forefathers. If anyone swears, he must swear by Allah or keep silence.
إن الله ينهاكم أن تحلفوا بآبائكم فمن كان حالف فليحلف بالله أو ليصمتOur Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لاَ تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاIndeed, Allah the Sublime said: We have done it.
إن الله سبحانه قال: قد فعلت
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.