One who swore to divorce his wife if she went to call upon one of the dead Sufi shaykhs
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I swore to divorce my wife that she would not go to a shaykh from the shaykhs of the Sufi paths, and he is deceased. My intention was to threaten her, not to divorce her. She went while I was absent. Is this considered a divorce?The Shaykh: Where did she go?The questioner: She went to this man.
The Shaykh: And he is dead?The questioner: And he is dead.
The Shaykh: Are you calling upon him?The questioner: Yes.
The Shaykh: She is now separated from you, not by divorce; because she associated partners with Allah and apostatized from Islam. The one who calls upon graves is a mushrik (one who associates partners with Allah) committing major shirk (associating partners with Allah). So now, look: has she repented or not? If the waiting period ('iddah) expires before she repents, you must renew the marriage contract. If she repents before the waiting period expires, that is what is required. If she is ignorant and does not know that this is shirk (associating partners with Allah), she is excused, and your divorce remains an oath that you expiate with the expiation for an oath. Do not get into the habit of this; a woman is not cheap.
The Shaykh: And he is dead?The questioner: And he is dead.
The Shaykh: Are you calling upon him?The questioner: Yes.
The Shaykh: She is now separated from you, not by divorce; because she associated partners with Allah and apostatized from Islam. The one who calls upon graves is a mushrik (one who associates partners with Allah) committing major shirk (associating partners with Allah). So now, look: has she repented or not? If the waiting period ('iddah) expires before she repents, you must renew the marriage contract. If she repents before the waiting period expires, that is what is required. If she is ignorant and does not know that this is shirk (associating partners with Allah), she is excused, and your divorce remains an oath that you expiate with the expiation for an oath. Do not get into the habit of this; a woman is not cheap.