What is the ruling on divorce for the mere sake of change, especially if it results in harm to the wife?
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The questioner : His EminenceThe Shaykh : Is divorce permissible absolutely, without any reasons being mentioned, and not just for the mere sake of change, even if this results in great harm to the woman?
The Shaykh : The original ruling regarding divorce is that it is disliked, and if it were said that the original ruling is that it is forbidden, that would not be far-fetched. This is indicated by the statement of Allah, Blessed and Exalted is He, regarding those who take oaths to abstain from their wives. He said:[Al-Baqarah 2:226-227] and He concluded the verse with these two names: This suggests that Allah, Glorious and Exalted is He, is not pleased with this or does not love this. As for the return (fi'ah), which is returning to the woman after he swore not to have intercourse with her, He said regarding it: [Al-Baqarah 2:192] This is clear evidence that Allah the Exalted loves for this one who took the oath to return; He loves for this one who took the oath to return. However, if he resolves to divorce, it suggests that Allah the Exalted dislikes that, based on His statement: [Al-Baqarah 2:227].
It is narrated from the Prophet (peace and blessings be upon him) that he said:Sunan Ibn Majah 2018Sahih (Darussalam) This hadith is not authentic, but its meaning is correct: that Allah the Exalted dislikes divorce, but He did not forbid it for His servants to grant them ease. If there is a legal or ordinary reason for divorce, then it becomes permissible. And according to what keeping the woman leads to: if keeping the woman leads to a legally prohibited matter that cannot be removed, then he divorces her. For example, if the woman is deficient in religion or deficient in chastity and he is unable to reform her, then here we say: it is better to divorce her. But without a legal or ordinary reason, it is better not to divorce; indeed, divorce is disliked.
The Shaykh : The original ruling regarding divorce is that it is disliked, and if it were said that the original ruling is that it is forbidden, that would not be far-fetched. This is indicated by the statement of Allah, Blessed and Exalted is He, regarding those who take oaths to abstain from their wives. He said:
but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. (227) And if they decide on divorce - then indeed, Allah is Hearing and Knowing.
فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ * وَإِنْ عَزَمُوا الطَّلاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌHearing, Knowing.
سَمِيعٌ عَلِيمٌthen indeed, Allah is Forgiving and Merciful.
فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌthen indeed, Allah is Hearing and Knowing.
فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌIt is narrated from the Prophet (peace and blessings be upon him) that he said:
