Saying "I divorce" or "I forbid"
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. It is common for some people, when a dispute arises or when they want to compel people, to say "I divorce" or "I forbid." Does the matter become as they said? And is it considered a divorce even if they did not intend it?
Answer:
Yes. If he says "I divorce," the divorce takes place even if he did not intend it, because this is an explicit statement. We take the explicit statement at face value, except in cases of revocation, unless the person is of unsound mind and has no intellect at the time he speaks; in that case, he is not held accountable. But if his intellect is with him and he says "I divorce," it is obligatory for him, even if he says, "I did not intend it," or "I was joking," or "I was threatening." That is not accepted from him. It is not permissible for a person to swear oaths of divorce over people. As for saying, "I forbid you from coming to me, and I divorce you," that is not permissible. This person exposes himself and his wife to danger. If they do not obey, let them go; do not divorce. Yes, even if you are forcing them, they will not be at ease, because it is not a form of honor; it is an insult. You are bringing them against their will. Yes, so you have insulted them and the divorce has taken place. Yes.
He says: Honorable Shaykh, may Allah grant you success. It is common for some people, when a dispute arises or when they want to compel people, to say "I divorce" or "I forbid." Does the matter become as they said? And is it considered a divorce even if they did not intend it?
Answer:
Yes. If he says "I divorce," the divorce takes place even if he did not intend it, because this is an explicit statement. We take the explicit statement at face value, except in cases of revocation, unless the person is of unsound mind and has no intellect at the time he speaks; in that case, he is not held accountable. But if his intellect is with him and he says "I divorce," it is obligatory for him, even if he says, "I did not intend it," or "I was joking," or "I was threatening." That is not accepted from him. It is not permissible for a person to swear oaths of divorce over people. As for saying, "I forbid you from coming to me, and I divorce you," that is not permissible. This person exposes himself and his wife to danger. If they do not obey, let them go; do not divorce. Yes, even if you are forcing them, they will not be at ease, because it is not a form of honor; it is an insult. You are bringing them against their will. Yes, so you have insulted them and the divorce has taken place. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (14:02)
The Arabic text is a machine transcription of the audio recording.
