The Ruling on Swearing by Divorce and Prohibiting What Is Lawful
Machine translationRead the Arabic original
The questioner:
If one says, "It is haram (forbidden) and divorce upon 'Abd al-Milad," this is wrong.
The Shaykh:
It depends on your intention. After the question.
The questioner:
And swearing by divorce is haram (forbidden).
The Shaykh:
No, no, it is not a doubt. Swearing by divorce does not fall under the statement of the Prophet (peace and blessings be upon him): "Whoever swears by other than Allah has committed disbelief or shirk (associating partners with Allah)." If he says, "Divorce upon him if he does not do such-and-such," this is not swearing by other than Allah, and this is not an oath in the true sense. In it, Allah the Exalted said to His Prophet:[At-Tahrim 66:1].
Then He said:[At-Tahrim 66:2]. So Allah named the prohibition of what is lawful an oath that requires expiation. And He commanded His Prophet (peace and blessings be upon him) to make expiation for his prohibition of what is lawful.
It has been narrated that he said he prohibited honey for himself, (peace and blessings be upon him), or he prohibited Mariyah, or the Coptic woman he had bought, because some of his wives had made a pact against him or spoken to him about it, so the Prophet (peace and blessings be upon him) became angry and prohibited honey or Mariyah for himself, so Allah the Mighty and Majestic rebuked him:[At-Tahrim 66:1]
If one says, "It is haram (forbidden) and divorce upon 'Abd al-Milad," this is wrong.
The Shaykh:
It depends on your intention. After the question.
The questioner:
And swearing by divorce is haram (forbidden).
The Shaykh:
No, no, it is not a doubt. Swearing by divorce does not fall under the statement of the Prophet (peace and blessings be upon him): "Whoever swears by other than Allah has committed disbelief or shirk (associating partners with Allah)." If he says, "Divorce upon him if he does not do such-and-such," this is not swearing by other than Allah, and this is not an oath in the true sense. In it, Allah the Exalted said to His Prophet:
O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful.
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَّحِيمٌThen He said:
Allah has already ordained for you [Muslims] the dissolution of your oaths
قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْIt has been narrated that he said he prohibited honey for himself, (peace and blessings be upon him), or he prohibited Mariyah, or the Coptic woman he had bought, because some of his wives had made a pact against him or spoken to him about it, so the Prophet (peace and blessings be upon him) became angry and prohibited honey or Mariyah for himself, so Allah the Mighty and Majestic rebuked him:
O Prophet, why do you prohibit
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا
Source
الفوزان -أشرطة- أسئلة وأجوبة من دروس التوحيد - أسئلة وأجوبة - الفوزان - ٥ — archive.org (59:54)
The Arabic text is a machine transcription of the audio recording.