The Ruling on Swearing by Divorce and Prohibition
Machine translationRead the Arabic original
Question:
This questioner says: I am Muhammad, and my tongue has become accustomed, O Shaykh, to swearing by divorce. So whenever someone speaks to me or does something, I say, “May I be forbidden” or “May I be divorced.” What is the Shari'ah’s position, in your view, on this phrase?
Answer:
This is forbidden. If you have a wife and you say, “May I be divorced,” she is thereby divorced, because in divorce, intention is not considered; rather, it is the wording that counts. If you utter the words of divorce, your statement is bindingBulugh al-Maram 8:130, even if you were joking, playing, or teasing; the divorce takes effect if you utter it. So guard your tongue from divorce. As for prohibition, if you intend to prohibit your wife, it becomes zihar (likening one's wife to a forbidden relative), and you must pay the expiation for zihar, which is freeing a slave. If you cannot find one, you must fast for two consecutive months. If you cannot do that, you must feed sixty poor people. The matter is not easy. Guard your tongue from these words. Yes.
The presenter:
May Allah reward you.
This questioner says: I am Muhammad, and my tongue has become accustomed, O Shaykh, to swearing by divorce. So whenever someone speaks to me or does something, I say, “May I be forbidden” or “May I be divorced.” What is the Shari'ah’s position, in your view, on this phrase?
Answer:
This is forbidden. If you have a wife and you say, “May I be divorced,” she is thereby divorced, because in divorce, intention is not considered; rather, it is the wording that counts. If you utter the words of divorce, your statement is binding
(ﷺ) said: "There are three things which, whether undertaken seriously or in jest, are treated as serious: marriage, divorce
صلى الله عليه وسلم ثلاث جدهن جد وهزلهن جد الطلاق والعتق والرجعةThe presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/297 — archive.org (4:16)
The Arabic text is a machine transcription of the audio recording.
