Oath of divorce not to engage in the secret habit, then returning to it
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Fatwa number ( 8731 )
Q1: I proposed to my maternal aunt’s daughter and took possession of her, and the period between taking possession and the wedding was a year and a half. During this period, I was struck by a mental illness that shook my being and destroyed my happiness, and I was on the verge of suicide—were it not for the fear of Allah. This illness is that I no longer felt my sexual capability. I went to psychiatric hospitals for treatment, and I was very anxious, so I began to engage in the secret habit to test my sexual capability, and I suffered for it. So I said: “I divorce you three times if I return to this habit,” but I returned and repeated the oath of divorce a second time, but I returned to doing it a second time under terrible psychological circumstances, in which I nearly lost my mind. Does the divorce take effect?
A1: First: Engaging in the secret habit is forbidden. Second: If your intention with the aforementioned oath was to restrain yourself from the secret habit, not to divorce your wife—then you owe an expiation for an oath for the number of times you swore and broke it, which is: feeding ten poor people, or clothing them, or
freeing a believing slave. If you are unable to do any of that, then fast for three days. If your intention with this oath was to divorce your wife, then two divorces have taken effect on her, one divorce each time; this is if you had entered into marital relations with her. As for if that occurred from you before entering into marital relations with her, then only one divorce has taken effect. You may return to her with a new contract and a new bridal gift under the conditions considered valid by the Shari'ah. And you must repent and seek forgiveness. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: I proposed to my maternal aunt’s daughter and took possession of her, and the period between taking possession and the wedding was a year and a half. During this period, I was struck by a mental illness that shook my being and destroyed my happiness, and I was on the verge of suicide—were it not for the fear of Allah. This illness is that I no longer felt my sexual capability. I went to psychiatric hospitals for treatment, and I was very anxious, so I began to engage in the secret habit to test my sexual capability, and I suffered for it. So I said: “I divorce you three times if I return to this habit,” but I returned and repeated the oath of divorce a second time, but I returned to doing it a second time under terrible psychological circumstances, in which I nearly lost my mind. Does the divorce take effect?
A1: First: Engaging in the secret habit is forbidden. Second: If your intention with the aforementioned oath was to restrain yourself from the secret habit, not to divorce your wife—then you owe an expiation for an oath for the number of times you swore and broke it, which is: feeding ten poor people, or clothing them, or
freeing a believing slave. If you are unable to do any of that, then fast for three days. If your intention with this oath was to divorce your wife, then two divorces have taken effect on her, one divorce each time; this is if you had entered into marital relations with her. As for if that occurred from you before entering into marital relations with her, then only one divorce has taken effect. You may return to her with a new contract and a new bridal gift under the conditions considered valid by the Shari'ah. And you must repent and seek forgiveness. 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.