The ruling on swearing an oath of divorce regarding a past matter
Machine translationRead the Arabic original
Question:
Faisal says in his letter: I know people who like to stay up late at night. One time I stayed at their place and could not stand the noise, so I got up from sleep angry and swore an oath of divorce that if I had known this was their state, I would not have entered the house. The second time, I had some items and needs at their place, so I was forced to enter the house to get these things from them. What is the ruling in such a case?
Answer:
Since you swore that if you had known their state you would not have entered their place, and you swore with the oath of divorce while intending it, it is true that you are not lying, so nothing is required of you. As for your last entry, it has no connection to this; because you swore regarding the past matter that if you had known, you would not have entered their place. As for your last entry, it has no connection to this divorce, because you did not say, “I swear by divorce that I will not enter their place,” but rather you said, “I swear by divorce that if I had known their state, I would not have sat with them or slept at their place,” so nothing is required of you. Yes.
The presenter:
May Allah bless you.
Faisal says in his letter: I know people who like to stay up late at night. One time I stayed at their place and could not stand the noise, so I got up from sleep angry and swore an oath of divorce that if I had known this was their state, I would not have entered the house. The second time, I had some items and needs at their place, so I was forced to enter the house to get these things from them. What is the ruling in such a case?
Answer:
Since you swore that if you had known their state you would not have entered their place, and you swore with the oath of divorce while intending it, it is true that you are not lying, so nothing is required of you. As for your last entry, it has no connection to this; because you swore regarding the past matter that if you had known, you would not have entered their place. As for your last entry, it has no connection to this divorce, because you did not say, “I swear by divorce that I will not enter their place,” but rather you said, “I swear by divorce that if I had known their state, I would not have sat with them or slept at their place,” so nothing is required of you. Yes.
The presenter:
May Allah bless you.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 1865 - حكم من حلف بالطلاق على فعل مضى وحكم السهر - نور على الدرب — youtube.com
The Arabic text is a machine transcription of the audio recording.
