Miscellaneous Rulings on Divorce
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Question: A friend asked me for a sum of money that was more than what I thought I had in my pocket, so I excused myself by swearing an oath of divorce, saying, "I have only eighty pounds with me," and I forgot that I had more than that. Afterward, I discovered the extra amount and regretted this oath of divorce, knowing that I did not intend to divorce my wife. After that, I asked one of our scholars,So he said to me: "A divorce has taken place, and you must take her back." So I kept saying the words of taking her back behind him and then retracted them. Is it correct that one divorce has taken place and only two remain? And is it obligatory for one who has pronounced a divorce once or twice to abstain from his wife until he takes her back by words, or is his coming to her considered a taking back in deed, if he has that intention?
Answer: As for the first issue, that you swore an oath of divorce that you had only eighty pounds with you, and then it became clear to you that you had more than this, this oath was based on your predominant belief. If the one who swears swears based on what he predominantly believes, and then
it becomes clear to him that it is otherwise, then this is considered a slip of the tongue in the oath,And Allah the Exalted says: [Al-Ma'idah: 89], so there is no sin on you for this, for you did not intend to lie, but you swore based on your predominant belief and you considered yourself truthful in this oath in your heart, but it became clear to you that it was otherwise without your intention. This is a slip of the tongue and there is nothing on you for it, and no divorce takes place by it, nor is there an expiation for an oath on you for it, because it is a slip of the tongue. This is what appears to me from your situation and your question.
As for what you mentioned regarding what constitutes taking back a wife, it is necessary to speak and utter the words of taking her back, or to have intercourse with the wife with the intention of taking her back.
As for the saying: There is no disagreement among the scholars that taking her back occurs by this. As for having intercourse with her with the intention of taking her back without uttering the words, this is a point of disagreement among the scholars, and the correct opinion among the scholars is that taking her back occurs by this, if he has intercourse with his divorced wife with the intention of taking her back.
Question: What some people do, abstaining from their wife or expelling her from his home simply because he uttered the words of divorce, does this have any basis?
Answer: In the case of a revocable divorce, it is not permissible to expel her from her husband's house because she is a wife and she is entitled to maintenance, and she is entitled to housing,because of His saying, the Exalted: [Al-Talaq: 1], so it is not permissible to expel a wife who is in a revocable divorce from her house until her waiting period ends, if he has not taken her back.
Question: I am a married man, and a quarrel occurred between me and my wife, and I became very angry and said to her: "You are divorced according to all the schools of jurisprudence,"And she also declared me forbidden to herself and said: "You are my brother from today on," and the dispute did not last long between us, for we returned to each other after our nerves calmed down. Is our return to each other contrary to what happened from me of divorce, and from her of declaring me forbidden to her? Please inform us, may Allah reward you with good.
Answer: First: Both of you are wrong in that behavior, because it is obligatory for the believer when something of anger touches him to seek refuge in Allah from Satan the outcast, and to control his tongue from foul speech and bad words, because Satan gains control over the person when he is angry, because anger is from Satan, so it is obligatory to treat it by seeking refuge in Allah from the evil of Satan, as the Exalted said: [Al-A'raf: 201],And Allah the Exalted said: [Fussilat: 36], this is what is obligatory for the Muslim when something of anger befalls him.
As for what happened between you, that you uttered the words of divorce, and she uttered the words of declaring you forbidden to her as the forbiddenness of her brother, these are forbidden words. And since you have taken her back, if the taking back occurred during the waiting period and the divorce did not complete three divorces, then the taking back is valid.
As for if this divorce completes a previous divorce to make three divorces, then you have no right to take her back, or if the divorces were less than three, but she has exited the waiting period, then you also have no right to take her back except with a new contract, and if
the three divorces have been completed, then you have no right to take her back except after she marries another husband, a marriage of desire, and then he divorces her by his choice and desire.
As for what came from her of uttering the words of declaring you forbidden to her as the forbiddenness of her brother, this, according to the correct opinion among the scholars, is treated like an oath, so she must pay an expiation for an oath, by freeing a slave, or feeding ten poor people, for each poor person half a sa' of food, or clothing ten poor people, for each of them a garment that suffices him in his prayer. If she does not find one of these three things, then she must fast three days.
And what I advise you both is to avoid such words and not let anger carry you both into falling into such things, because this is from Satan, and it may put you both in a difficulty from which you cannot escape.
Answer: As for the first issue, that you swore an oath of divorce that you had only eighty pounds with you, and then it became clear to you that you had more than this, this oath was based on your predominant belief. If the one who swears swears based on what he predominantly believes, and then
it becomes clear to him that it is otherwise, then this is considered a slip of the tongue in the oath,And Allah the Exalted says:
Allah does not impose blame upon you for what is unintentional in your oaths
لا يؤاخذكم الله باللغو في أيمانكمAs for what you mentioned regarding what constitutes taking back a wife, it is necessary to speak and utter the words of taking her back, or to have intercourse with the wife with the intention of taking her back.
As for the saying: There is no disagreement among the scholars that taking her back occurs by this. As for having intercourse with her with the intention of taking her back without uttering the words, this is a point of disagreement among the scholars, and the correct opinion among the scholars is that taking her back occurs by this, if he has intercourse with his divorced wife with the intention of taking her back.
Question: What some people do, abstaining from their wife or expelling her from his home simply because he uttered the words of divorce, does this have any basis?
Answer: In the case of a revocable divorce, it is not permissible to expel her from her husband's house because she is a wife and she is entitled to maintenance, and she is entitled to housing,because of His saying, the Exalted:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality
يَاأَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍQuestion: I am a married man, and a quarrel occurred between me and my wife, and I became very angry and said to her: "You are divorced according to all the schools of jurisprudence,"And she also declared me forbidden to herself and said: "You are my brother from today on," and the dispute did not last long between us, for we returned to each other after our nerves calmed down. Is our return to each other contrary to what happened from me of divorce, and from her of declaring me forbidden to her? Please inform us, may Allah reward you with good.
Answer: First: Both of you are wrong in that behavior, because it is obligatory for the believer when something of anger touches him to seek refuge in Allah from Satan the outcast, and to control his tongue from foul speech and bad words, because Satan gains control over the person when he is angry, because anger is from Satan, so it is obligatory to treat it by seeking refuge in Allah from the evil of Satan, as the Exalted said:
Indeed, those who fear Allah - when an impulse touches them from Satan, they remember [Him] and at once they have insight.
إِنَّ الَّذِينَ اتَّقَوْا إِذَا مَسَّهُمْ طَائِفٌ مِنَ الشَّيْطَانِ تَذَكَّرُوا فَإِذَا هُمْ مُبْصِرُونَAnd if there comes to you from Satan an evil suggestion, then seek refuge in Allah. Indeed, He is the Hearing, the Knowing.
وَإِمَّا يَنْزَغَنَّكَ مِنَ الشَّيْطَانِ نَزْغٌ فَاسْتَعِذْ بِاللَّهِ إِنَّهُ هُوَ السَّمِيعُ الْعَلِيمُAs for what happened between you, that you uttered the words of divorce, and she uttered the words of declaring you forbidden to her as the forbiddenness of her brother, these are forbidden words. And since you have taken her back, if the taking back occurred during the waiting period and the divorce did not complete three divorces, then the taking back is valid.
As for if this divorce completes a previous divorce to make three divorces, then you have no right to take her back, or if the divorces were less than three, but she has exited the waiting period, then you also have no right to take her back except with a new contract, and if
the three divorces have been completed, then you have no right to take her back except after she marries another husband, a marriage of desire, and then he divorces her by his choice and desire.
As for what came from her of uttering the words of declaring you forbidden to her as the forbiddenness of her brother, this, according to the correct opinion among the scholars, is treated like an oath, so she must pay an expiation for an oath, by freeing a slave, or feeding ten poor people, for each poor person half a sa' of food, or clothing ten poor people, for each of them a garment that suffices him in his prayer. If she does not find one of these three things, then she must fast three days.
And what I advise you both is to avoid such words and not let anger carry you both into falling into such things, because this is from Satan, and it may put you both in a difficulty from which you cannot escape.