The ruling on one who swears by divorce with the intention of prohibition
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous judge of Khamis Mushayt, may Allah grant him peace and take care of him, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 2842, dated 17/8/1392 AH, has arrived—may Allah grant you His pleasure—and its text is as follows:
(And after: We refer to your letter, number 1401, dated 26/7/1392 AH, regarding the inquiry of the husband, A. A. Q. We inform you that he appeared before us with his wife and stated that a misunderstanding occurred between him, his wife, and some other women while they were in Tabuk. He said: "Divorce if you enter Abha, divorce if you enter Abha," twice in succession. He has been transferred to Khamis Mushayt because he is a military officer, and he is originally from Abha, but he has not entered Abha out of fear that the divorce would take effect from his wife. He, his family, and his property are in Abha, and he fears being transferred to the front lines. Furthermore, his financial circumstances require him to reside in his home in Abha. He was asked about his intention in uttering it twice: did he intend emphasis, or the number? He answered that he intended to exaggerate in making his wife understand, and that he did not intend divorce at all, but rather said it out of anger. His wife confirmed everything he said, and that there was no divorce before or after that, and that there is nothing between him and his wife except good companionship, except that she cannot enter Abha until she is released from what occurred. This is what both parties stated and recorded.) End of quote.
Answer: Based on this, I issued a ruling to the aforementioned husband: that this divorce of his is in the ruling of an oath, and he owes its expiation whenever his aforementioned wife enters Abha; because he did not intend divorce, but rather intended to prevent his wife from entering Abha. The scriptural evidence indicates this, and a group of the Salaf and Khalaf issued this ruling, among them Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), as is not hidden.
I hope you will inform everyone of this.
May Allah reward you, thank you for your efforts, and reward you with good for everyone.
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:
O Beloved: Your noble letter, number 2842, dated 17/8/1392 AH, has arrived—may Allah grant you His pleasure—and its text is as follows:
(And after: We refer to your letter, number 1401, dated 26/7/1392 AH, regarding the inquiry of the husband, A. A. Q. We inform you that he appeared before us with his wife and stated that a misunderstanding occurred between him, his wife, and some other women while they were in Tabuk. He said: "Divorce if you enter Abha, divorce if you enter Abha," twice in succession. He has been transferred to Khamis Mushayt because he is a military officer, and he is originally from Abha, but he has not entered Abha out of fear that the divorce would take effect from his wife. He, his family, and his property are in Abha, and he fears being transferred to the front lines. Furthermore, his financial circumstances require him to reside in his home in Abha. He was asked about his intention in uttering it twice: did he intend emphasis, or the number? He answered that he intended to exaggerate in making his wife understand, and that he did not intend divorce at all, but rather said it out of anger. His wife confirmed everything he said, and that there was no divorce before or after that, and that there is nothing between him and his wife except good companionship, except that she cannot enter Abha until she is released from what occurred. This is what both parties stated and recorded.) End of quote.
Answer: Based on this, I issued a ruling to the aforementioned husband: that this divorce of his is in the ruling of an oath, and he owes its expiation whenever his aforementioned wife enters Abha; because he did not intend divorce, but rather intended to prevent his wife from entering Abha. The scriptural evidence indicates this, and a group of the Salaf and Khalaf issued this ruling, among them Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), as is not hidden.
I hope you will inform everyone of this.
May Allah reward you, thank you for your efforts, and reward you with good for everyone.
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.