A serious matter that leads to difficulty
Machine translationRead the Arabic original
Question: A misunderstanding occurred between me and my wife, and I left the house while angry,And you said: saying, “I will not return to you, and I will not have any relations with you for a month, and if I do return, you are divorced three times.”I said: I said this three times, but after only one week had passed, I returned to her and had relations with her. What is the ruling on the divorce that occurred on my part? Does any of it take effect or not? And what must I do now?
Answer: The anger you mentioned regarding your wife and the utterance of divorce is not good of you.
It is not befitting for a husband to keep divorce on his tongue and speak of it whenever a misunderstanding occurs between him and his wife, because divorce is a matter that is not to be used except when there is a need for it and a necessity for it.
As for a man babbling about it, uttering it without justification, and then falling into difficulty and seeking fatwas, this is a serious matter that puts the husband in difficulty and puts the mufti in difficulty as well.
As for what happened, if the anger you experienced was severe anger that removed your sense of awareness, and you do not know what you said, then it has no effect. However, if it was anger less than that, and you were aware of what you were saying and understood what you were saying, then if your intention in uttering it was to prevent yourself from entering your wife’s presence and having relations with her during the period you specified, then this is treated as an oath. In that case, there is an expiation for an oath: freeing a slave, or feeding ten poor people, or clothing them. You have a choice among these three things: freeing a slave if it is easy, or feeding, or clothing. The feeding is half a sa’ of the usual food in the country for each poor person, for ten people. Likewise, the clothing is a garment for each poor person that suffices him for his prayer, and whatever is more than that is better. If you do not find any of these three things, then you must fast for three days.
As for if you intended by uttering the divorce: If you intended to effect the divorce and intended to divorce your wife if you contacted her during this period, then this is a divorce. If you violated it, the divorce takes effect. Since you repeated it three times, it becomes a final divorce, because it amounts to three divorces if you did not intend to emphasize by repeating it, but rather intended
with each utterance a separate divorce, then it becomes a triple final divorce, a major final divorce, which does not become lawful for you except after another husband marries her for the sake of desire, not for the sake of making her lawful, and then divorces her of his own accord, out of desire to part from her. This is if you intended to effect the divorce.
However, if you intended to prevent yourself from contacting her during the period, then this is treated as an oath, as we mentioned, and there is an expiation.
Answer: The anger you mentioned regarding your wife and the utterance of divorce is not good of you.
It is not befitting for a husband to keep divorce on his tongue and speak of it whenever a misunderstanding occurs between him and his wife, because divorce is a matter that is not to be used except when there is a need for it and a necessity for it.
As for a man babbling about it, uttering it without justification, and then falling into difficulty and seeking fatwas, this is a serious matter that puts the husband in difficulty and puts the mufti in difficulty as well.
As for what happened, if the anger you experienced was severe anger that removed your sense of awareness, and you do not know what you said, then it has no effect. However, if it was anger less than that, and you were aware of what you were saying and understood what you were saying, then if your intention in uttering it was to prevent yourself from entering your wife’s presence and having relations with her during the period you specified, then this is treated as an oath. In that case, there is an expiation for an oath: freeing a slave, or feeding ten poor people, or clothing them. You have a choice among these three things: freeing a slave if it is easy, or feeding, or clothing. The feeding is half a sa’ of the usual food in the country for each poor person, for ten people. Likewise, the clothing is a garment for each poor person that suffices him for his prayer, and whatever is more than that is better. If you do not find any of these three things, then you must fast for three days.
As for if you intended by uttering the divorce: If you intended to effect the divorce and intended to divorce your wife if you contacted her during this period, then this is a divorce. If you violated it, the divorce takes effect. Since you repeated it three times, it becomes a final divorce, because it amounts to three divorces if you did not intend to emphasize by repeating it, but rather intended
with each utterance a separate divorce, then it becomes a triple final divorce, a major final divorce, which does not become lawful for you except after another husband marries her for the sake of desire, not for the sake of making her lawful, and then divorces her of his own accord, out of desire to part from her. This is if you intended to effect the divorce.
However, if you intended to prevent yourself from contacting her during the period, then this is treated as an oath, as we mentioned, and there is an expiation.