He swore to divorce her but did not do so
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Fatwa number ( 20890 )
Q: I am from Egypt and I work in Ta'if . A phone call took place between me and my wife in Egypt , and a verbal altercation occurred over the phone, then
I returned home and met my brother, and I told him what had happened between me and my wife on the phone. Then I said: "By Allah, I will go to the embassy in Jeddah and divorce her." I was in a state of extreme anger, and I have diabetes and high blood pressure. It was not my intention to divorce her; rather, it happened due to the intensity of the anger, and as a result of what happened between us. Then I calmed down and did not go to Jeddah . Will this oath count as a divorce? I ask your Eminence to answer my question due to its importance.
A: If the situation is as described, then no divorce takes effect on your wife with this wording. Rather, it is obligatory for you to pay the expiation for an oath because you swore to divorce by stating that you would go to the embassy and divorce your wife, and you did not do so. The expiation for an oath is: feeding ten poor people, giving each poor person one and a half kilograms of wheat, rice, or the like, or clothing them, or freeing a believing slave. If you cannot do all of that, then you must fast three days as expiation for your oath. He (peace and blessings be upon him) said:Sahih Muslim 1651b And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I am from Egypt and I work in Ta'if . A phone call took place between me and my wife in Egypt , and a verbal altercation occurred over the phone, then
I returned home and met my brother, and I told him what had happened between me and my wife on the phone. Then I said: "By Allah, I will go to the embassy in Jeddah and divorce her." I was in a state of extreme anger, and I have diabetes and high blood pressure. It was not my intention to divorce her; rather, it happened due to the intensity of the anger, and as a result of what happened between us. Then I calmed down and did not go to Jeddah . Will this oath count as a divorce? I ask your Eminence to answer my question due to its importance.
A: If the situation is as described, then no divorce takes effect on your wife with this wording. Rather, it is obligatory for you to pay the expiation for an oath because you swore to divorce by stating that you would go to the embassy and divorce your wife, and you did not do so. The expiation for an oath is: feeding ten poor people, giving each poor person one and a half kilograms of wheat, rice, or the like, or clothing them, or freeing a believing slave. If you cannot do all of that, then you must fast three days as expiation for your oath. He (peace and blessings be upon him) said:
He who took an oath, but he found something else better than that, should do that which is better and
من حلف على يمين فرأى غيرها خيرًا منها فليأت الذي هو خير ويكفر عن يمينه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.