A Question on Swearing an Oath of Divorce
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother / A. M. A. (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 12/7/1389 AH has reached us, may Allah guide you to the right path, and it contained the following information: A man swore an oath of divorce that he would not reconcile with another man. He had previously divorced his wife twice. Each of the two men has a son who is married to the other man's sister. Both fathers are pressuring their sons to divorce their wives. Your question is about the ruling in this matter? And if reconciliation takes place between the two men, does the divorce take effect? And are the two sons obligated to obey their fathers in such a case and divorce their wives without fault? It was known.
Answer: The answer to the first question: If the man's intention in swearing an oath of divorce was to urge himself not to reconcile with his brother, and his intention was not to desire separation from his wife if he reconciled with him and part from her, then no divorce takes effect on her. His suspension of the divorce is considered an oath—according to the most correct opinion of the scholars—and he must pay its expiation; because it has been reported that many of the righteous Salaf issued a ruling to that effect. The principles of the Shari'ah require this; because the one who pronounces the divorce did not intend to part from his family, but rather intended to urge himself not to reconcile with his brother.
As for if he intended to part from her if he reconciled with his brother, then the divorce takes effect on her, and she becomes forbidden to him until she marries another husband; a marriage of desire, not a marriage of dissolution, and he has intercourse with her; because this divorce is the last of the three.
As for the answer to the second question: It is not obligatory for the son to obey his father in divorcing his wife without a legal cause, and that is not part of the obedience obligatory for the son to his father, if the wife is not harmful to his father, and there is nothing in her that necessitates parting from her; because the Messenger (peace and blessings be upon him) said:Sunan Abi Dawud 2625Sahih (Al-Albani), and divorce without a legal cause is not what is right.
And we ask Allah to guide everyone to understanding in His religion and steadfastness upon it; He is the best of those asked.
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 12/7/1389 AH has reached us, may Allah guide you to the right path, and it contained the following information: A man swore an oath of divorce that he would not reconcile with another man. He had previously divorced his wife twice. Each of the two men has a son who is married to the other man's sister. Both fathers are pressuring their sons to divorce their wives. Your question is about the ruling in this matter? And if reconciliation takes place between the two men, does the divorce take effect? And are the two sons obligated to obey their fathers in such a case and divorce their wives without fault? It was known.
Answer: The answer to the first question: If the man's intention in swearing an oath of divorce was to urge himself not to reconcile with his brother, and his intention was not to desire separation from his wife if he reconciled with him and part from her, then no divorce takes effect on her. His suspension of the divorce is considered an oath—according to the most correct opinion of the scholars—and he must pay its expiation; because it has been reported that many of the righteous Salaf issued a ruling to that effect. The principles of the Shari'ah require this; because the one who pronounces the divorce did not intend to part from his family, but rather intended to urge himself not to reconcile with his brother.
As for if he intended to part from her if he reconciled with his brother, then the divorce takes effect on her, and she becomes forbidden to him until she marries another husband; a marriage of desire, not a marriage of dissolution, and he has intercourse with her; because this divorce is the last of the three.
As for the answer to the second question: It is not obligatory for the son to obey his father in divorcing his wife without a legal cause, and that is not part of the obedience obligatory for the son to his father, if the wife is not harmful to his father, and there is nothing in her that necessitates parting from her; because the Messenger (peace and blessings be upon him) said:
Obedience is in matters which are good and universally recognized.
إنما الطاعة في المعروفAnd we ask Allah to guide everyone to understanding in His religion and steadfastness upon it; He is the best of those asked.
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.