I swore an oath of divorce three times against my wife while I was in a state of anger
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Question: I swore an oath of divorce three times against my wife while I was in a state of anger, declaring that she would be forbidden to me, like my mother or my sister, if she went to her father's house during my absence. She has not gone yet. Is it permissible for me, now that I am here, to allow her to go? I felt afterward that I would be severing family ties. What are the consequences if I do so?
Answer: If your intention in the divorce was to prevent her from going, and you did not intend to make the divorce conditional, but only intended to prevent her, then you owe the expiation for an oath. You perform the expiation for an oath, and the oath is dissolved. After that, it is permissible for her to go to her relatives. This is if your intention was to prevent her from going.
Question: What was your intention at the time of the oath?
Answer: Yes, if his intention at the time of the oath was to prevent her, and he did not intend to divorce her, then it is as I mentioned.
However, if he intended to divorce her, meaning that if she goes, she is divorced, then the divorce takes effect on him. This is because he did not intend to prevent her, but intended to make the divorce conditional on her going. If the condition is met, the consequence follows. If the condition is fulfilled, the conditioned act occurs.
Question: He uttered it three times. Does it count as three times?
Answer: If he intended divorce with it, then it counts as three times, three divorces.
Question: And this is not to be considered as zihar,His statement: and that she is forbidden to me like my mother or my sister?
Answer: Likewise, this is both divorce and zihar. If he intended, for example, to make the zihar conditional, or to make the divorce conditional on her going, intending both, then he is both a divorcer and one who has committed zihar. However, if he did not intend either of the two, but only intended to prevent her, then as we mentioned, he owes the expiation for an oath.
Question: If he actually intended divorce and zihar, and wants to retract from that?
Answer: If he divorced her three times, she has become permanently separated from him.
Question: Does it not count as one divorce because it was in one session or one situation?
Answer: No, he repeated it. If it was with one phrase, if the three were with one phrase, this is a point of disagreement among the scholars. The majority hold that it counts as three, and this is the correct view. He distinguished it with three phrases, so this counts as three divorces according to everyone.It might be said: He was angry, as he mentioned. If he was in a state of anger, and his consciousness was lost with it, such that he could not imagine what he was saying, then there is nothing on him, no oath, no divorce, and no zihar, because his consciousness was lost.
However, if his anger was less than that, and he could imagine what he was saying and understand what he was saying, then it is as we mentioned.
Question: If we suppose he was in a state of anger, but it was mild, and he was aware of what he was saying, and a divorce occurred, but only once, and at the same time zihar, does he have to perform the expiation for zihar?
Answer: This is not conceivable to occur once on him, because he divorced her three times, with one phrase. This is if he is issued a ruling based on the opinion of those who hold that three with one phrase count as one. In that case, he would only have zihar and would take her back. But the majority, and the correct view, is that the three count, even with one phrase.
Answer: If your intention in the divorce was to prevent her from going, and you did not intend to make the divorce conditional, but only intended to prevent her, then you owe the expiation for an oath. You perform the expiation for an oath, and the oath is dissolved. After that, it is permissible for her to go to her relatives. This is if your intention was to prevent her from going.
Question: What was your intention at the time of the oath?
Answer: Yes, if his intention at the time of the oath was to prevent her, and he did not intend to divorce her, then it is as I mentioned.
However, if he intended to divorce her, meaning that if she goes, she is divorced, then the divorce takes effect on him. This is because he did not intend to prevent her, but intended to make the divorce conditional on her going. If the condition is met, the consequence follows. If the condition is fulfilled, the conditioned act occurs.
Question: He uttered it three times. Does it count as three times?
Answer: If he intended divorce with it, then it counts as three times, three divorces.
Question: And this is not to be considered as zihar,His statement: and that she is forbidden to me like my mother or my sister?
Answer: Likewise, this is both divorce and zihar. If he intended, for example, to make the zihar conditional, or to make the divorce conditional on her going, intending both, then he is both a divorcer and one who has committed zihar. However, if he did not intend either of the two, but only intended to prevent her, then as we mentioned, he owes the expiation for an oath.
Question: If he actually intended divorce and zihar, and wants to retract from that?
Answer: If he divorced her three times, she has become permanently separated from him.
Question: Does it not count as one divorce because it was in one session or one situation?
Answer: No, he repeated it. If it was with one phrase, if the three were with one phrase, this is a point of disagreement among the scholars. The majority hold that it counts as three, and this is the correct view. He distinguished it with three phrases, so this counts as three divorces according to everyone.It might be said: He was angry, as he mentioned. If he was in a state of anger, and his consciousness was lost with it, such that he could not imagine what he was saying, then there is nothing on him, no oath, no divorce, and no zihar, because his consciousness was lost.
However, if his anger was less than that, and he could imagine what he was saying and understand what he was saying, then it is as we mentioned.
Question: If we suppose he was in a state of anger, but it was mild, and he was aware of what he was saying, and a divorce occurred, but only once, and at the same time zihar, does he have to perform the expiation for zihar?
Answer: This is not conceivable to occur once on him, because he divorced her three times, with one phrase. This is if he is issued a ruling based on the opinion of those who hold that three with one phrase count as one. In that case, he would only have zihar and would take her back. But the majority, and the correct view, is that the three count, even with one phrase.