Guidance for those who frequently swear oaths of divorce?
Machine translationRead the Arabic original
The questioner:
Guidance from the Honorable Shaykh Salih ibn Fawzan al-Fawzan to those who have made swearing oaths of divorce, and even talking about divorce, a common occurrence in these days?
The Shaykh:
Divorce is a serious matter, and it is not permissible for a Muslim to be lax regarding divorce, or to make divorce a weapon he constantly brandishes in the face of his wife whenever he wants to threaten her, anger her, or do something similar, or to joke with her by speaking of divorce. He must guard his tongue and not speak of divorce except when there is a need for it, and he must adhere to its rulings. This is because the Prophet (peace and blessings be upon him) said: "Three things, their seriousness is serious, their joking is serious, and their seriousness is serious: divorce, freeing a slave, and vows," or as he (peace and blessings be upon him) said. They should guard their tongues from divorce and not speak of it except within narrow limits and at times of need.
The questioner:
But how does one distinguish between it being an oath and a vow?
The Shaykh:
According to the intention of the speaker, according to the intention of the one speaking.
The presenter:
Yes, yes.
The Shaykh:
Yes, if his intention is
The questioner:
to effect the divorce.
The Shaykh:
If his intention is to effect the divorce, then it takes place. But if his intention is an oath to prohibit something, or to encourage it, or to verify something, or to deny it, then it follows the course of an oath according to the correct of the two opinions of the scholars. Otherwise, there is doubt, as many scholars hold that it takes place absolutely. Yes.
The presenter:
Glory be to Allah, where are the people from the saying of Allah (Glorified and Exalted is He):[Al-Baqarah 2:224]?
Guidance from the Honorable Shaykh Salih ibn Fawzan al-Fawzan to those who have made swearing oaths of divorce, and even talking about divorce, a common occurrence in these days?
The Shaykh:
Divorce is a serious matter, and it is not permissible for a Muslim to be lax regarding divorce, or to make divorce a weapon he constantly brandishes in the face of his wife whenever he wants to threaten her, anger her, or do something similar, or to joke with her by speaking of divorce. He must guard his tongue and not speak of divorce except when there is a need for it, and he must adhere to its rulings. This is because the Prophet (peace and blessings be upon him) said: "Three things, their seriousness is serious, their joking is serious, and their seriousness is serious: divorce, freeing a slave, and vows," or as he (peace and blessings be upon him) said.
So it is obligatory upon the Muslims that
فالواجب على المسلمين أنThe questioner:
But how does one distinguish between it being an oath and a vow?
The Shaykh:
According to the intention of the speaker, according to the intention of the one speaking.
The presenter:
Yes, yes.
The Shaykh:
Yes, if his intention is
The questioner:
to effect the divorce.
The Shaykh:
If his intention is to effect the divorce, then it takes place. But if his intention is an oath to prohibit something, or to encourage it, or to verify something, or to deny it, then it follows the course of an oath according to the correct of the two opinions of the scholars. Otherwise, there is doubt, as many scholars hold that it takes place absolutely. Yes.
The presenter:
Glory be to Allah, where are the people from the saying of Allah (Glorified and Exalted is He):
And do not make [your oath by] Allah an excuse
وَلَا تَجْعَلُوا اللَّهَ عُرْضَةً لِّأَيْمَانِكُمْ
Source
قناة «العلامة الدكتور صالح الفوزان»، توجيهات لمن يكثرون الحلف بالطلاق؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.