The Ruling on Divorce by Three Pronouncements in a State of Anger and Taking Back the Wife
Machine translationRead the Arabic original
The questioner:
Shaykh, I have one question. May Allah preserve you.
The presenter:
Please proceed.
The questioner:
I was at work, may Allah lengthen your life, and the time for the midday prayer came. I went home and tried to get my wife to pray more than once, but she refused to get up and pray. She said, "My brother, you will not enter my grave." I told her, "The prayer is obligatory upon me, upon you, and upon all Muslims, men and women." She said, "By Allah, I will not pray a single prayer." I said to her, "Fine, pack your things and I will send them to your parents' house." She refused and said, "By Allah, I will not pack my things." A heated argument broke out between us to the point where I told her to be quiet and she refused. So I swore to her by Allah three oaths, meaning I said to her, "I swear by Allah, then I swear by Allah, then I swear by Allah that if you do not keep quiet, I will pronounce the divorce oath upon you." She said, "By Allah, I did not think about you. Divorce me." So I said to her, "You are divorced, divorced, divorced." But know, Shaykh, that Allah is my witness that my intention was not to divorce her, nor was my intention the customary divorce. I wanted her to be quiet. She is currently pregnant, approximately in her sixth month, and she has a son. I took her back through two witnesses, Shaykh. So I ask you, by Allah and then by you, to clarify for me: Is there an expiation upon me? Or is she divorced? Or did the divorce not take place? Thank you.
The Shaykh:
My brother, go back to the Sharia court and ask the judge. The judge will summon her and take her statement and yours, and he will resolve your problem, if Allah wills. As for taking her back, it is not valid except through the judge. Yes.
The presenter:
May Allah reward you,
Shaykh, I have one question. May Allah preserve you.
The presenter:
Please proceed.
The questioner:
I was at work, may Allah lengthen your life, and the time for the midday prayer came. I went home and tried to get my wife to pray more than once, but she refused to get up and pray. She said, "My brother, you will not enter my grave." I told her, "The prayer is obligatory upon me, upon you, and upon all Muslims, men and women." She said, "By Allah, I will not pray a single prayer." I said to her, "Fine, pack your things and I will send them to your parents' house." She refused and said, "By Allah, I will not pack my things." A heated argument broke out between us to the point where I told her to be quiet and she refused. So I swore to her by Allah three oaths, meaning I said to her, "I swear by Allah, then I swear by Allah, then I swear by Allah that if you do not keep quiet, I will pronounce the divorce oath upon you." She said, "By Allah, I did not think about you. Divorce me." So I said to her, "You are divorced, divorced, divorced." But know, Shaykh, that Allah is my witness that my intention was not to divorce her, nor was my intention the customary divorce. I wanted her to be quiet. She is currently pregnant, approximately in her sixth month, and she has a son. I took her back through two witnesses, Shaykh. So I ask you, by Allah and then by you, to clarify for me: Is there an expiation upon me? Or is she divorced? Or did the divorce not take place? Thank you.
The Shaykh:
My brother, go back to the Sharia court and ask the judge. The judge will summon her and take her statement and yours, and he will resolve your problem, if Allah wills. As for taking her back, it is not valid except through the judge. Yes.
The presenter:
May Allah reward you,
Source
قناة «العلامة الدكتور صالح الفوزان»، برنامج (فتاوى) (079) لمعالي الشيخ صالح الفوزان بتاريخ [1436-02-18] - كبار العلماء — youtube.com (46:15)
The Arabic text is a machine transcription of the audio recording.