There are people who swear by divorce over many things, sometimes even over very trivial matters. Is there a sin on them for that?
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The questioner : Your Eminence, there are people who always swear by divorce over many things, sometimes even over very trivial matters. Is there a sin on them for that?
The Shaykh : It is established from the Prophet (peace and blessings be upon him) that he said:Sahih al-Bukhari 2679 And he forbade swearing by fathers, and he said (peace and blessings be upon him): Riyad as-Salihin 1711 Swearing is to make an oath using the known formula, and the known formula is "By Allah," "In Allah," or "By Allah." It is not permissible for a person to swear by divorce or by anything other than divorce; he should not swear except by Allah (Mighty and Majestic). If he says, "By divorce, I will certainly do such and such," or says, "By my master so-and-so, I will certainly do such and such," that is forbidden and shirk (associating partners with Allah), which may reach the level of major shirk or may be minor shirk. The default is that it is minor shirk, unless the person swearing holds the thing he swears by in his heart with a reverence equal to or greater than his reverence for Allah (Mighty and Majestic).
As for swearing by divorce using the known formula, which is the condition and the consequence.
The questioner : Yes.
The Shaykh : This does not fall under the saying of the Messenger (peace and blessings be upon him):Riyad as-Salihin 1711 But it is considered an oath in the view of many scholars, and a divorce conditional on a pure condition in the view of most scholars. For example, if he says, "If you do such and such, my wife is divorced," and he does that thing, his wife is divorced in the view of most scholars.
And in the view of some scholars, she is not divorced until he is asked: Did you intend divorce by that, or did you intend to emphasize the prohibition? If he intended divorce, it takes place because it is a divorce conditional on a condition that has occurred. If he says, "I intended to emphasize restraining myself from this action," then it is considered an oath. If he does what he made the divorce conditional upon, he must expiate the oath with the expiation of an oath.
And the expiation of the oath is mentioned by Allah in His saying:[Al-Ma'idah 5:89] meaning the clothing of the ten [Al-Ma'idah 5:89].
Based on this, I offer advice to my brothers who have been afflicted with this type of oath, which is oaths of divorce. I advise them to restrain their tongues from that, because most scholars hold them to the divorce in all cases.
The questioner : Yes.
The Shaykh : And this is a calamity: if this oath is the third divorce, that your wife remains forbidden to you in the view of most scholars. The matter is problematic and serious, and a person must fear Allah (Mighty and Majestic). It is said to him: If you are determined not to do it, or determined to do it, and you are compelled to swear, make the oath by Allah (Mighty and Majestic). As for your wife, let her remain in her place and do not pronounce divorce on her.
Swearing by divorce has become common among us, although it was non-existent before. This is because they saw those who issue fatwas for them saying that its ruling is the ruling of an oath, whereas previously they did not issue this fatwa. So you find them fearing greatly that they will swear by divorce.
I do not oppose issuing a fatwa that this divorce, if its intention is to urge, to prohibit, to verify, or to deny, is in the ruling of an oath. In fact, I issue a fatwa to that effect. But I say: It is not befitting for a person, if he finds such a statement, to make it a means to justify his frequent swearing by divorce. Because we say: If you find this statement, do not forget the statements of the scholars who are more in number than those who issue a fatwa that this divorce is in the ruling of an oath.
Most scholars hold that if you say, "If you do such and such, my wife is divorced," and then you do it, most scholars hold that she is divorced in all cases. So if you say this three times, that means your wife has been divorced three times. And in that case, you remain with her and you have intercourse with her, which is forbidden intercourse in the view of most scholars. The matter is very serious, very serious. And therefore I offer advice to my brothers to restrain their tongues from such matters. Yes.
The questioner : May Allah bless you for this blessed guidance, Your Eminence, Shaykh Muhammad. He has another question. This listener, who used the initials E.A. for his name from Riyadh, says.
The Shaykh : It is established from the Prophet (peace and blessings be upon him) that he said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفاً فليحلف بالله أو ليصمتHe who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركAs for swearing by divorce using the known formula, which is the condition and the consequence.
The questioner : Yes.
The Shaykh : This does not fall under the saying of the Messenger (peace and blessings be upon him):
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركAnd in the view of some scholars, she is not divorced until he is asked: Did you intend divorce by that, or did you intend to emphasize the prohibition? If he intended divorce, it takes place because it is a divorce conditional on a condition that has occurred. If he says, "I intended to emphasize restraining myself from this action," then it is considered an oath. If he does what he made the divorce conditional upon, he must expiate the oath with the expiation of an oath.
And the expiation of the oath is mentioned by Allah in His saying:
So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them
فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْSo its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn
فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْBased on this, I offer advice to my brothers who have been afflicted with this type of oath, which is oaths of divorce. I advise them to restrain their tongues from that, because most scholars hold them to the divorce in all cases.
The questioner : Yes.
The Shaykh : And this is a calamity: if this oath is the third divorce, that your wife remains forbidden to you in the view of most scholars. The matter is problematic and serious, and a person must fear Allah (Mighty and Majestic). It is said to him: If you are determined not to do it, or determined to do it, and you are compelled to swear, make the oath by Allah (Mighty and Majestic). As for your wife, let her remain in her place and do not pronounce divorce on her.
Swearing by divorce has become common among us, although it was non-existent before. This is because they saw those who issue fatwas for them saying that its ruling is the ruling of an oath, whereas previously they did not issue this fatwa. So you find them fearing greatly that they will swear by divorce.
I do not oppose issuing a fatwa that this divorce, if its intention is to urge, to prohibit, to verify, or to deny, is in the ruling of an oath
The oath
اليمينMost scholars hold that if you say, "If you do such and such, my wife is divorced," and then you do it, most scholars hold that she is divorced in all cases. So if you say this three times, that means your wife has been divorced three times. And in that case, you remain with her and you have intercourse with her, which is forbidden intercourse in the view of most scholars. The matter is very serious, very serious. And therefore I offer advice to my brothers to restrain their tongues from such matters. Yes.
The questioner : May Allah bless you for this blessed guidance, Your Eminence, Shaykh Muhammad. He has another question. This listener, who used the initials E.A. for his name from Riyadh, says.