What is the ruling on a single divorce pronounced with a single phrase, limited to a specific period, such as if a man says to his wife: “You are divorced for one month”? Does this divorce take effect?
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Question: What is the ruling on a single divorce pronounced with a single phrase, limited to a specific period,As if a man says to his wife: “You are divorced for one month”? Does this divorce take effect, and does he commit a sin if he has intercourse with her before the month is over, given that she did not leave her husband’s house during that period?
Answer: Yes, the divorce takes effect, and it is a single revocable divorce, meaning he has the right to take her back as long as she is in the waiting period. The divorce is not limited by a time,For example, he says: “You are divorced until a month” or “until a year.” If the divorce is pronounced, it is not limited by a time that ends with its expiration. However, if it is less than three and not for compensation, it is permissible for him to take her back as long as she is in the waiting period.
The marital home. I previously swore an oath regarding her and went to one of the scholars who annulled the oath for me. Is she divorced in this case? And if so, what is obligatory for me regarding the two children who are with her?
Answer: If you swore to divorce your wife, intending to prevent her from doing something, such as taking her belongings or the like, and you intended to make the divorce contingent on that action, and you intended that if that action occurred, the divorce would take effect, then this is considered a divorce that is binding on you.
However, if your intention was merely to prevent her and you did not intend divorce, but rather intended to prevent her from that thing, then this is considered an oath for which you owe an expiation for breaking an oath, since your wife contradicted what you wanted from her. The expiation is freeing a slave, or feeding ten poor people, with each poor person receiving half a sa' of food, or clothing them, with each poor person receiving a garment. If you are unable to do any of these three—neither freeing a slave, nor feeding, nor clothing—then you must fast for three days. This is the expiation for your oath of divorce, according to the correct opinion of the scholars. And Allah the Exalted knows best.
Answer: Yes, the divorce takes effect, and it is a single revocable divorce, meaning he has the right to take her back as long as she is in the waiting period. The divorce is not limited by a time,For example, he says: “You are divorced until a month” or “until a year.” If the divorce is pronounced, it is not limited by a time that ends with its expiration. However, if it is less than three and not for compensation, it is permissible for him to take her back as long as she is in the waiting period.
The marital home. I previously swore an oath regarding her and went to one of the scholars who annulled the oath for me. Is she divorced in this case? And if so, what is obligatory for me regarding the two children who are with her?
Answer: If you swore to divorce your wife, intending to prevent her from doing something, such as taking her belongings or the like, and you intended to make the divorce contingent on that action, and you intended that if that action occurred, the divorce would take effect, then this is considered a divorce that is binding on you.
However, if your intention was merely to prevent her and you did not intend divorce, but rather intended to prevent her from that thing, then this is considered an oath for which you owe an expiation for breaking an oath, since your wife contradicted what you wanted from her. The expiation is freeing a slave, or feeding ten poor people, with each poor person receiving half a sa' of food, or clothing them, with each poor person receiving a garment. If you are unable to do any of these three—neither freeing a slave, nor feeding, nor clothing—then you must fast for three days. This is the expiation for your oath of divorce, according to the correct opinion of the scholars. And Allah the Exalted knows best.