What is the ruling on one who said: “I divorce my wife three times if I do not travel,” and then traveled on the same day?
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The questioner:
May Allah reward you with good and do you well. A listener says: Your brother in Allah, Muhammad al-Badrawi, an Egyptian, says: Disputes arose between me and my father, and because of these disputes I said, “I divorce my wife three times if I do not travel.” My wife was hearing the divorce, but some good people told me that I had to travel. This happened on the same day I traveled. If I had not traveled, I would have lost a sum of money that would have caused me great harm. I traveled. Please inform me of the ruling on what I did. May Allah reward you with good.
The Shaykh:
If you swore by divorce that you would travel at a specified time, and then you traveled, you owe nothing; because the intended outcome was achieved. However, if you delayed the travel that you bound yourself to, and swore by divorce that you would do it but did not, and the time passed, you must consult the scholars in your country, from the trusted scholars who issue fatwas or the Sharia court, to look into this matter. This should be done with the presence of the wife and the men who were present in the gathering where the words were spoken, in order to verify this matter, study it, and give the Sharia ruling on it.
The presenter:
He says that he swore not to travel, and he did travel.
The Shaykh:
If the violation occurred.
The presenter:
Thank you.
The Shaykh:
He must consult the scholars.
The presenter:
In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh:
Thank you.
May Allah reward you with good and do you well. A listener says: Your brother in Allah, Muhammad al-Badrawi, an Egyptian, says: Disputes arose between me and my father, and because of these disputes I said, “I divorce my wife three times if I do not travel.” My wife was hearing the divorce, but some good people told me that I had to travel. This happened on the same day I traveled. If I had not traveled, I would have lost a sum of money that would have caused me great harm. I traveled. Please inform me of the ruling on what I did. May Allah reward you with good.
The Shaykh:
If you swore by divorce that you would travel at a specified time, and then you traveled, you owe nothing; because the intended outcome was achieved. However, if you delayed the travel that you bound yourself to, and swore by divorce that you would do it but did not, and the time passed, you must consult the scholars in your country, from the trusted scholars who issue fatwas or the Sharia court, to look into this matter. This should be done with the presence of the wife and the men who were present in the gathering where the words were spoken, in order to verify this matter, study it, and give the Sharia ruling on it.
The presenter:
He says that he swore not to travel, and he did travel.
The Shaykh:
If the violation occurred.
The presenter:
Thank you.
The Shaykh:
He must consult the scholars.
The presenter:
In the name of Allah, the Most Gracious, the Most Merciful.
The Shaykh:
Thank you.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من قال: علي الطلاق بالثلاثة لن أسافر، ثم سافر في نفس اليوم؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.