I have a problem that happened to me and I want to ask about that problem, which is
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The questioner : I have a problem that happened to me and I want to ask about that problem, which is: I am a married man with children, praise be to Allah. One day, I swore an oath regarding my wife, and I swore as follows: I told her, “If you do not leave my house and go to your father’s house to stay there, meaning to sleep there, because of a dispute with her, then divorce is upon you.” She actually left to her father’s house, but the neighbors brought her back on the same day. She did not sleep at her father’s house and slept in my house that night. So, is there an oath upon me, and what is required of me so that I do not fall into this oath of mine?
The Shaykh : Before answering his question, I ask the brothers listeners, and indeed all my Muslim brothers, to avoid such words and not to be lax in pronouncing divorce, because the matter is serious and great. If they want to swear an oath, let not Satan entice them; let them swear by Allah (Mighty and Majestic) or let them remain silent. The scholars differed regarding swearing by divorce, whether it is regarding the wife or someone else. The majority of them hold that it is a divorce and not an oath, and that if a person breaks it, the divorce takes effect on his wife. Others hold that swearing by divorce, if the intention is an oath, then it is an oath, and if the intention is divorce, then it is divorce, based on the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 1. As for this questioner who said to his wife, “If you do not go to your father’s house and stay there or sleep there, then divorce is upon you,” if his intention with this phrase was to compel the woman and emphasize her leaving, then the divorce does not take effect on him, whether she left or not. However, if she did not leave, he owes the expiation for the oath, which is feeding ten poor people, or clothing them, or freeing a slave. If he does not find the means, then he must fast three consecutive days. If he intended divorce, then if she left, she is not divorced, but if she did not leave, or if she left and then returned, then she is divorced. If this was his last divorce, then she is not lawful to him thereafter until she marries another husband. So the matter is serious, and he and others must guard their tongues and not be hasty in pronouncing divorce.
In summary, we say: If this man intended by the divorce, or more accurately, intended by his saying “divorce is upon you,” an oath, then it is an oath with the ruling of an oath. If he breaks it, he owes the expiation for the oath. If he does not break it, he owes nothing. If he intended divorce, then it is a divorce. If he breaks it, the divorce takes effect on him; the divorce takes effect from him on his wife. Yes.
The questioner : May Allah reward you, O honorable Shaykh. A message arrived from Syria, sent by listener Muhammad al-Tarshan from Damascus. He says in his message.
The Shaykh : Before answering his question, I ask the brothers listeners, and indeed all my Muslim brothers, to avoid such words and not to be lax in pronouncing divorce, because the matter is serious and great. If they want to swear an oath, let not Satan entice them; let them swear by Allah (Mighty and Majestic) or let them remain silent. The scholars differed regarding swearing by divorce, whether it is regarding the wife or someone else. The majority of them hold that it is a divorce and not an oath, and that if a person breaks it, the divorce takes effect on his wife. Others hold that swearing by divorce, if the intention is an oath, then it is an oath, and if the intention is divorce, then it is divorce, based on the saying of the Prophet (peace and blessings be upon him)
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىIn summary, we say: If this man intended by the divorce, or more accurately, intended by his saying “divorce is upon you,” an oath, then it is an oath with the ruling of an oath. If he breaks it, he owes the expiation for the oath. If he does not break it, he owes nothing. If he intended divorce, then it is a divorce. If he breaks it, the divorce takes effect on him; the divorce takes effect from him on his wife. Yes.
The questioner : May Allah reward you, O honorable Shaykh. A message arrived from Syria, sent by listener Muhammad al-Tarshan from Damascus. He says in his message.