What is the ruling on one who, in anger at his wife, said, “I swear by divorce that my wife will not spend the night in the house,” and then she did spend the night?
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The questioner : A man married a woman, and in a moment of anger between him and his mother—meaning the husband and his mother—and the mother is always in conflict with his wife, he swore by divorce that his wife would not spend the night in the house that day. Does this count as a divorce?
The Shaykh : Meaning he said: “I swear by divorce that my wife will not spend the night in my house tonight?”
The questioner : Yes.
The Shaykh : No, this is not a divorce; it is an oath, because his intention in saying “I swear by divorce that she will not spend the night” was to emphasize her prohibition from staying overnight.
The questioner : He swore, and then she spent the night in the house.
The Shaykh : If she spent the night, he must pay the expiation for an oath by feeding ten poor people, and no divorce is required of him.
The questioner : Does this not count as a divorce?
The Shaykh : It does not count as a divorce, because this is an oath. Yes, if he had said, “I intended divorce, and my intention was not emphasis,” we would say she is divorced, but he intended emphasis.
The Shaykh : Meaning he said: “I swear by divorce that my wife will not spend the night in my house tonight?”
The questioner : Yes.
The Shaykh : No, this is not a divorce; it is an oath, because his intention in saying “I swear by divorce that she will not spend the night” was to emphasize her prohibition from staying overnight.
The questioner : He swore, and then she spent the night in the house.
The Shaykh : If she spent the night, he must pay the expiation for an oath by feeding ten poor people, and no divorce is required of him.
The questioner : Does this not count as a divorce?
The Shaykh : It does not count as a divorce, because this is an oath. Yes, if he had said, “I intended divorce, and my intention was not emphasis,” we would say she is divorced, but he intended emphasis.