He said: I have sworn that if you do not accompany me, I am divorced, and she did not accompany me
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Fatwa number ( 5045 )
Q: We inform you that my wife (N. S.) left my house for her parents' house without her husband's permission. After she left, guests came to the house, so I went to her to have her come with me to attend to the guests' needs, but she refused and refused to come with me. A severe confrontation occurred between us, and likewise between me and her mother, as her mother refused to go with me and return to her home. I uttered the word of divorce once, saying: "I have sworn that if you do not accompany me, I am divorced," and she did not accompany me, but I took her back afterward in the present time. After a short period of her returning to the house, a dispute occurred between me and my cousin, who insulted me and attacked me with blows. I said: "It is forbidden for me to repay evil with evil, and it is forbidden for me to have my wife." On this basis, we ask you to issue a ruling.
A: First: If the situation is as described, and you did not intend by your saying to your wife: "I have sworn that if you do not accompany me, I am divorced," and she did not accompany me, to effect a divorce with this statement if she did not obey you, but rather you intended to urge her to go with you, then no divorce takes place, and you are obligated to pay the expiation for an oath; because such a statement is ruled as an oath in the most correct of the scholars' opinions. However, if you intended to effect a divorce if she did not obey you, then one divorce takes place upon her,
and your taking her back is valid as long as she is in the waiting period, provided that two divorces did not precede this one. Second: You are obligated to pay the expiation for an oath for your saying: "It is forbidden for me to have my wife to repay evil with evil," as long as you have not carried out what you said, along with repentance to Allah for that, because it is not permissible for a Muslim to forbid what Allah has made lawful. The expiation for an oath is: feeding ten poor people, or clothing them, or freeing a believing slave. If you cannot do so, then you must fast for three days. The amount of the expiation in food is: half a sa' (a dry measure of about 3 kg) of the staple food of the country, using the sa' of the Prophet (peace and blessings be upon him), or its equivalent. Half a sa' equals: one and a half kilograms by weight for each of the ten. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform you that my wife (N. S.) left my house for her parents' house without her husband's permission. After she left, guests came to the house, so I went to her to have her come with me to attend to the guests' needs, but she refused and refused to come with me. A severe confrontation occurred between us, and likewise between me and her mother, as her mother refused to go with me and return to her home. I uttered the word of divorce once, saying: "I have sworn that if you do not accompany me, I am divorced," and she did not accompany me, but I took her back afterward in the present time. After a short period of her returning to the house, a dispute occurred between me and my cousin, who insulted me and attacked me with blows. I said: "It is forbidden for me to repay evil with evil, and it is forbidden for me to have my wife." On this basis, we ask you to issue a ruling.
A: First: If the situation is as described, and you did not intend by your saying to your wife: "I have sworn that if you do not accompany me, I am divorced," and she did not accompany me, to effect a divorce with this statement if she did not obey you, but rather you intended to urge her to go with you, then no divorce takes place, and you are obligated to pay the expiation for an oath; because such a statement is ruled as an oath in the most correct of the scholars' opinions. However, if you intended to effect a divorce if she did not obey you, then one divorce takes place upon her,
and your taking her back is valid as long as she is in the waiting period, provided that two divorces did not precede this one. Second: You are obligated to pay the expiation for an oath for your saying: "It is forbidden for me to have my wife to repay evil with evil," as long as you have not carried out what you said, along with repentance to Allah for that, because it is not permissible for a Muslim to forbid what Allah has made lawful. The expiation for an oath is: feeding ten poor people, or clothing them, or freeing a believing slave. If you cannot do so, then you must fast for three days. The amount of the expiation in food is: half a sa' (a dry measure of about 3 kg) of the staple food of the country, using the sa' of the Prophet (peace and blessings be upon him), or its equivalent. Half a sa' equals: one and a half kilograms by weight for each of the ten. 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.