Ruling on one who swore by divorce and did not break the oath
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother S. A. Sh., may Allah guide him to all that is good, amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 26/2/1398 AH has reached us—may Allah guide you to His path—and what you mentioned: that you were a guest at the home of a certain person, and that he had guests before you for whom he had purchased a sacrificial animal. When you saw him about to slaughter it, you said to him, thrice, that it would not be slaughtered. He replied to you that the sacrificial animal was not for you, but rather for the guests who came before you. Then he slaughtered it. Your question regarding what is incumbent upon you in this regard was clear.
And the answer: If the situation is as you described, the divorce did not take place, and the wife remains in your guardianship; because the sacrificial animal was not slaughtered for your sake, but rather for someone else, so you did not break your oath.
You must be careful to avoid returning to such actions; because pronouncing divorce thrice is not permissible, and it is better for the believer to be cautious about using divorce in all its forms in such matters.
May Allah grant all understanding of the religion and steadfastness upon it; indeed, He is Generous and Noble.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 26/2/1398 AH has reached us—may Allah guide you to His path—and what you mentioned: that you were a guest at the home of a certain person, and that he had guests before you for whom he had purchased a sacrificial animal. When you saw him about to slaughter it, you said to him, thrice, that it would not be slaughtered. He replied to you that the sacrificial animal was not for you, but rather for the guests who came before you. Then he slaughtered it. Your question regarding what is incumbent upon you in this regard was clear.
And the answer: If the situation is as you described, the divorce did not take place, and the wife remains in your guardianship; because the sacrificial animal was not slaughtered for your sake, but rather for someone else, so you did not break your oath.
You must be careful to avoid returning to such actions; because pronouncing divorce thrice is not permissible, and it is better for the believer to be cautious about using divorce in all its forms in such matters.
May Allah grant all understanding of the religion and steadfastness upon it; indeed, He is Generous and Noble.
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.
