What is the ruling on one who says: “I swear by divorce that I will strike so-and-so’s head”?
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The student : This is the second part of the question, our Shaykh. He says: After a quarrel, he said, “I swear by divorce that I will do such and such,” or “I will strike so-and-so’s head,” meaning the speech could have been one way or the other.
The questioner : ... .
The Shaykh : Yes, exactly. Now, regarding the act, he intends to do it; he swore that he would perform an act.
The questioner : ... .
The Shaykh : Naturally, this act is not permissible for him to do. If he had sworn by Allah (Mighty and Majestic), the matter would be as the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2108Sahih (Darussalam). This is if he swore by Allah: let him do what is better and expiate for his oath. As for whether he owes an expiation, it is subject to the disagreement I mentioned earlier, where some scholars hold that swearing by divorce is not considered an oath, but it is executed and considered an oath, resembling one who makes a vow on his own. It appears, and Allah knows best, that in this case he should expiate for his oath and not do the thing he swore by divorce to do. Perhaps he has finished, if Allah wills?
The student : Our Shaykh, our brother Abu Ahmad distinguished in his question between explicitly pronouncing the divorce of his wife and saying, “I swear by divorce.” We explained that there is no difference between explicitly pronouncing it.
The Shaykh : First: Did he intend this thing?
The student : It seems from his speech that he is going around it.
Another student: Did you intend the divorce or not?
The student : No, no... Abu Ahmad, you mentioned in your question that once he said, “I swear by divorce from my wife,” so he specified his wife.
The questioner : This is one case.
The student : One case, and the other case is without mentioning the wife.
The questioner : Without mentioning the wife.
The student : Perhaps...
The Shaykh : ...that there is... even without intention.
The student : May Allah preserve you, O Shaykh.
The Shaykh : Ask him what he said?
The student : Do you want, Abu Ahmad, to distinguish between the divorcer explicitly divorcing his wife.
The questioner : ...and the second one without...
The student : Do you want this from the question?
The questioner : ... .
The student : He wants it, our Shaykh; meaning, the reality is that there is a difference between the divorcer saying, “I swear by divorce from my wife”; this is one form, or saying, “I swear by divorce” in general, without specifying or without uttering the word “my wife.”
The questioner : Our Shaykh, there is no difference between them.
The student: There is no difference.
The Shaykh : Did you get it...? Please go ahead.
The student : ... .
The questioner : ... .
The Shaykh : Yes, exactly. Now, regarding the act, he intends to do it; he swore that he would perform an act.
The questioner : ... .
The Shaykh : Naturally, this act is not permissible for him to do. If he had sworn by Allah (Mighty and Majestic), the matter would be as the Prophet (peace and blessings be upon him) said:
Whoever swears an oath then sees that something else is better than it, let him do that which is better and offer expiation for what he swore about.
مَن حلف على يمين ثم رأى غيرها خيرًا منها ؛ فليأتِ الذي هو خير ، وليكفِّرْ عن يمينهThe student : Our Shaykh, our brother Abu Ahmad distinguished in his question between explicitly pronouncing the divorce of his wife and saying, “I swear by divorce.” We explained that there is no difference between explicitly pronouncing it.
The Shaykh : First: Did he intend this thing?
The student : It seems from his speech that he is going around it.
Another student: Did you intend the divorce or not?
The student : No, no... Abu Ahmad, you mentioned in your question that once he said, “I swear by divorce from my wife,” so he specified his wife.
The questioner : This is one case.
The student : One case, and the other case is without mentioning the wife.
The questioner : Without mentioning the wife.
The student : Perhaps...
The Shaykh : ...that there is... even without intention.
The student : May Allah preserve you, O Shaykh.
The Shaykh : Ask him what he said?
The student : Do you want, Abu Ahmad, to distinguish between the divorcer explicitly divorcing his wife.
The questioner : ...and the second one without...
The student : Do you want this from the question?
The questioner : ... .
The student : He wants it, our Shaykh; meaning, the reality is that there is a difference between the divorcer saying, “I swear by divorce from my wife”; this is one form, or saying, “I swear by divorce” in general, without specifying or without uttering the word “my wife.”
The questioner : Our Shaykh, there is no difference between them.
The student: There is no difference.
The Shaykh : Did you get it...? Please go ahead.
The student : ... .
Source
www.al-albany.com
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