In a state of anger, in front of my wife, I swore three times by divorce that I would marry another woman. I did not set a specific time, and I have not married yet.
Machine translationRead the Arabic original
The questioner : In a state of anger, in front of my wife, I swore three times by divorce that I would marry another woman. I did not set a specific time, and I have not married yet. Please inform us of the ruling in this matter. May Allah reward you.
The Shaykh : First, I advise you against this action. Do not swear unless you intend to swear, and if you do swear, swear only by Allah (Mighty and Majestic), based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2679. Swearing by divorce is an innovation (bid'ah) that a person should not engage in or practice. Rather, if you swear, swear by Allah, or else remain silent.
The scholars (may Allah have mercy on them) differed on whether a person who swears by divorce and does not fulfill what he swore to has actually divorced his wife. Some of them said: The divorce takes place because he made the divorce conditional on a condition that has been fulfilled, so the divorce must take place. For example, if you say, "If I do such-and-such, my wife is divorced," and you do it, then the divorce takes place according to these scholars.
Some scholars said: If a person does not intend to effect the divorce, but rather intends to urge, prohibit, verify, or deny, then this condition is in the meaning of an oath. So if he says, "If I do such-and-such, my wife is divorced," intending to deter himself from doing it, but he does it, then his wife is not divorced. However, he owes the expiation for an oath. There is scholarly disagreement (khilaf) in this issue, but the stronger position (rajih) is that a person is bound by what he intends. If he intended to effect the divorce, the divorce takes place. If he intended the meaning of an oath, it is an oath. This is the common case in such matters.
In any case, you are now either going to marry or not. If you marry, you owe nothing because you have completed what you swore to. If you do not marry, you owe the expiation for an oath: feed ten poor people from the best of what you feed your family, or clothe them, or free a slave if available. If you cannot find any of these, fast for three consecutive days.
The Shaykh : First, I advise you against this action. Do not swear unless you intend to swear, and if you do swear, swear only by Allah (Mighty and Majestic), based on the saying of the Prophet (peace and blessings be upon him):
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفاً فليحلف بالله أو ليصمتThe scholars (may Allah have mercy on them) differed on whether a person who swears by divorce and does not fulfill what he swore to has actually divorced his wife. Some of them said: The divorce takes place because he made the divorce conditional on a condition that has been fulfilled, so the divorce must take place. For example, if you say, "If I do such-and-such, my wife is divorced," and you do it, then the divorce takes place according to these scholars.
Some scholars said: If a person does not intend to effect the divorce, but rather intends to urge, prohibit, verify, or deny, then this condition is in the meaning of an oath. So if he says, "If I do such-and-such, my wife is divorced," intending to deter himself from doing it, but he does it, then his wife is not divorced. However, he owes the expiation for an oath. There is scholarly disagreement (khilaf) in this issue, but the stronger position (rajih) is that a person is bound by what he intends. If he intended to effect the divorce, the divorce takes place. If he intended the meaning of an oath, it is an oath. This is the common case in such matters.
In any case, you are now either going to marry or not. If you marry, you owe nothing because you have completed what you swore to. If you do not marry, you owe the expiation for an oath: feed ten poor people from the best of what you feed your family, or clothe them, or free a slave if available. If you cannot find any of these, fast for three consecutive days.