Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

There is an incident of divorce in which 'Umar (may Allah be pleased with him) asked his son to divorce his wife, whom he loved. He did not do so at first, but then he did so in response to the command.

Machine translationRead the Arabic original
The Shaykh : The questioner says, and perhaps we will conclude the meeting and the answer with this question. He said there was an incident of divorce that occurred at the request of 'Umar (may Allah be pleased with him) to have his son Abdullah divorce his wife, whom he loved. Abdullah did not do so at first, but then he did so in response to the command of the Messenger of Allah (peace and blessings be upon him and his family). What is the ruling on this type of divorce, meaning a father asking his son to divorce his wife? What are the limits of divorce? In what matters must a husband obey his parents? What are the rights of the wife regarding the marital home, especially living with the husband's family? And is a wife deprived of some of her rights to accommodate the wishes of her in-laws or one of them?
This is a question for the beginning of the lecture because it contains several questions. The hadith that was reported that 'Umar ibn al-Khattab (may Allah be pleased with him) ordered his son Abdullah to divorce his wife is a valid hadith. And Ibn 'Umar found it difficult at first, so he went to the Messenger (peace be upon him) and related the story to him. He (peace and blessings be upon him) said to him:
Obey your father. أطع أباك
So I say, and I have been asked repeatedly about this incident, which occurs today and is repeated many times. The questioner asks me, but I cannot tell him what the Messenger (peace and blessings be upon him) said to Ibn 'Umar:
Obey your father. أطع أباك
because his father is not like 'Umar, nor is he close to 'Umar. And I cannot say, "Do not obey your father," because obeying the parents is obligatory. So I say: If your father, who is ordering you to divorce your wife, is like 'Umar in your estimation, then obey him. And this is how I always answer, always and forever. And as we said earlier, it is a comment on the impossible. Rather... meaning the implication of this statement is: Do not obey your father in such a matter, especially since most fathers today have no religion. If they had religion, they would have no knowledge. If they had knowledge, they would have no intellect... darkness upon darkness. Meaning, one of them is only concerned with relieving himself of what causes problems and not listening to advice... So if this son finds... harm in divorcing his wife, perhaps he has a child or more from her, and because of his obedience to his father, there is no obedience for him to follow, because it exposes him to harm. And there is no harm and no reciprocating harm. And if, by Allah, he finds no difficulty in it, perhaps he is inclined in his own heart, perhaps he will bring another as a replacement for her. As long as there is no difficulty, he obeys him and gets rid of the problem. But such a question is usually not directed unless the son is attached to his wife and is not satisfied with a replacement for her. And so we tell him: If your father is like 'Umar in your estimation, then obey him; otherwise, do not. As for our question, what is the ruling on this type of divorce? If the questioner says, "What is the ruling on pronouncing this type of divorce?" we have already known the answer. But if he means, "What is the ruling on this type of divorce" in the sense that it occurred, meaning the father ordered his son to divorce and he carried it out and divorced, then we examine the matter. If he was coerced into it, there is no divorce, despite the fact that he carried out the divorce, due to the saying of the Messenger (peace and blessings be upon him):
There is no divorce in a state of being overwhelmed. لا طلاق في إغلاق
Sunan ad-Daraqutni 16:86
And "al-ighlaq" (the closing) was interpreted by the scholars with two opinions: the first is coercion, and the second is extreme anger that prevents its owner from thinking properly. If this son was coerced by his father... then his divorce is not effective by the text of this valid hadith. But if he was...
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas