Oath of divorce regarding refraining from sitting with a person or speaking to him
Machine translationRead the Arabic original
Question:
Please. A man swore a divorce that he would not sit with this person, that he would not sit with this person, and one day he went to him. What is the ruling on that oath?
Answer:
If a man says, "I will not sit with so-and-so" or "I will not speak to so-and-so," he is in one of two situations. One is that he intends to restrain himself and does not intend to effect the divorce; he only intended to prevent himself from this thing and made it a great matter for himself by swearing divorce, but he did not intend to effect the divorce upon his wife; he only wanted to prevent himself from sitting with him or speaking to him. In this case, the ruling is the ruling of an oath, according to the correct view, and he owes the expiation for an oath, and the divorce does not take place. As for if he intended the divorce to take place, intending that if he sits with him, his wife is divorced, or if he speaks to him, his wife is divorced, then whenever he speaks to him and sits with him, he knows that his divorce takes place upon his wife, because the divorce is contingent upon the condition. For example, if he says, "If Ramadan enters, my wife is divorced," she is divorced; or if he says, "If it rains, my wife is divorced"; or if he says, "If she menstruates, my wife is divorced," and the like of that. Yes.
Please. A man swore a divorce that he would not sit with this person, that he would not sit with this person, and one day he went to him. What is the ruling on that oath?
Answer:
If a man says, "I will not sit with so-and-so" or "I will not speak to so-and-so," he is in one of two situations. One is that he intends to restrain himself and does not intend to effect the divorce; he only intended to prevent himself from this thing and made it a great matter for himself by swearing divorce, but he did not intend to effect the divorce upon his wife; he only wanted to prevent himself from sitting with him or speaking to him. In this case, the ruling is the ruling of an oath, according to the correct view, and he owes the expiation for an oath, and the divorce does not take place. As for if he intended the divorce to take place, intending that if he sits with him, his wife is divorced, or if he speaks to him, his wife is divorced, then whenever he speaks to him and sits with him, he knows that his divorce takes place upon his wife, because the divorce is contingent upon the condition. For example, if he says, "If Ramadan enters, my wife is divorced," she is divorced; or if he says, "If it rains, my wife is divorced"; or if he says, "If she menstruates, my wife is divorced," and the like of that. Yes.
Source
ندوات الجامع الكبير مع الأسئلة - 41 — archive.org (19:15)
The Arabic text is a machine transcription of the audio recording.
