The Ruling on Threatening a Wife with Divorce
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Question: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother, the virtuous Shaykh / S. A., may Allah guide him, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your noble letter dated 7/4/1392 AH has been received, may Allah guide you. It contained the information regarding the attendance of the invitee: M. M. S. at your place, and his admission that his wife had taken some papers from him. He said to her: "Return the papers, and if you do not return them, you are divorced three times, which is forbidden." She did not return them. Then he repeated this phrase at the same time and place, but she did not return them. He mentioned to you that he intended only to emphasize, not to repeat. Regarding the attendance of the wife and her guardian, and their confirmation of the husband's statement in reality, it was known.
And the answer: Based on all that you have mentioned, I see that the aforementioned husband should be asked about his intention with the aforementioned conditional divorce:
If he intended by that to effect the divorce, and to permit himself to part from her if she did not return the papers, then one divorce has taken place, and he may take her back as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden. As for the second phrase, nothing takes place by it; because he intended by it emphasis, not the creation of a new divorce.
However, if the intention of the aforementioned conditional divorce was to frighten her, and to urge her to return the papers out of fear of divorce, and he did not intend to effect the divorce and part from her if she did not return them, then nothing takes place by that upon her; because of the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1.
Upon him is the expiation for an oath, and this is the most correct of the opinions of the scholars, and it is the opinion of a group of the Salaf and the Khalaf, and it is the choice of Shaykh al-Islam Ibn Taymiyyah, and his student the scholar Ibn al-Qayyim, may Allah have mercy on them both, and it is the correct one; due to the abundance of evidence for it.
So I hope you will complete what is obligatory, and inform the woman's guardian of the aforementioned fatwa.
May Allah reward your efforts, and reward you with good for all of it.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your noble letter dated 7/4/1392 AH has been received, may Allah guide you. It contained the information regarding the attendance of the invitee: M. M. S. at your place, and his admission that his wife had taken some papers from him. He said to her: "Return the papers, and if you do not return them, you are divorced three times, which is forbidden." She did not return them. Then he repeated this phrase at the same time and place, but she did not return them. He mentioned to you that he intended only to emphasize, not to repeat. Regarding the attendance of the wife and her guardian, and their confirmation of the husband's statement in reality, it was known.
And the answer: Based on all that you have mentioned, I see that the aforementioned husband should be asked about his intention with the aforementioned conditional divorce:
If he intended by that to effect the divorce, and to permit himself to part from her if she did not return the papers, then one divorce has taken place, and he may take her back as long as she is in the waiting period; because it is authentically reported from the Prophet (peace and blessings be upon him) what indicates this, as is not hidden. As for the second phrase, nothing takes place by it; because he intended by it emphasis, not the creation of a new divorce.
However, if the intention of the aforementioned conditional divorce was to frighten her, and to urge her to return the papers out of fear of divorce, and he did not intend to effect the divorce and part from her if she did not return them, then nothing takes place by that upon her; because of the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىUpon him is the expiation for an oath, and this is the most correct of the opinions of the scholars, and it is the opinion of a group of the Salaf and the Khalaf, and it is the choice of Shaykh al-Islam Ibn Taymiyyah, and his student the scholar Ibn al-Qayyim, may Allah have mercy on them both, and it is the correct one; due to the abundance of evidence for it.
So I hope you will complete what is obligatory, and inform the woman's guardian of the aforementioned fatwa.
May Allah reward your efforts, and reward you with good for all of it.
And peace be upon you and the mercy of Allah and His blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.