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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A man married a woman who suffers from frequent depression and problems, and after a certain incident, he swore that she would be divorced three times if she went to school to study there.

Machine translationRead the Arabic original
The questioner : Is Shaykh Nasir al-Din al-Albani present?

The Shaykh: Yes.

The questioner : Is he speaking with me?

The Shaykh : With you.

The questioner: Peace be upon you.

The Shaykh: And upon you peace.

The questioner : O Shaykh Nasir, I am calling you from the Kingdom of Saudi Arabia.

The Shaykh : Welcome.

The questioner : Welcome, O Shaykh. May Allah reward you with good. I have a problem, a religious one, and I want to consult you and take your opinion on it, O Shaykh?

The Shaykh: Go ahead.

The questioner : I have a wife, O Shaykh. She has a nervous temperament and gets upset from the beginning of our marriage. She gets irritated over everything, and the smallest problems become big. So we continued for about a year and a half in this manner. Then, one day, a small problem occurred and it became big, and Satan intervened at the time of the problem. My wife was a teacher at a school, so I said, “I am divorced three times if she goes to this school a second time.” In truth, our financial situation is very difficult, and now she is on an exceptional leave without pay for six months. The time for returning to school is approaching, so I do not know what the ruling of the Shari'ah is. I was truly in a state of irritation, and my nerves were on edge when I made this oath. So I do not know what the opinion of the Shari'ah is in this case. May Allah reward you with good!

The Shaykh : Where are you speaking from?

The questioner : I am calling from the Eastern Province of the Kingdom of Saudi Arabia.

The Shaykh : I know you are from the Kingdom, but I am asking about the specific place in the Kingdom from which you are calling?

The questioner : The Dammam area.

The Shaykh : The Dammam area?!

The questioner: Yes.

The Shaykh : How long have you been married?

The questioner : I married—may Allah prolong your life—about a year and seven months ago.

The Shaykh : How old are you?

The questioner : I am thirty-one years old.

The Shaykh : Mmm, and what is your job?

The questioner : I work at the air base.

The Shaykh : Yes.

The questioner : In addition to what I mentioned, O Shaykh: after my wife stopped working, her nervous tension also increased. I suspected that the school was straining her nerves, or something like that. After she stopped going to school, her nervous tension and depression increased. So we went, and her family took her to a Shaykh from the Shaykhs who recite over people in cases of possession and jinn entering them. He said that there was a spell cast to separate you two, and he began to recite over her. I also continued: I started taking her to some Shaykhs, and some women—may Allah reward them with good—would recite over women like her. So I would regularly visit one of these women to have her recite over my wife. Since then, I have suspected that her previous behavior was not intentional on her part, but was against her will due to this matter, that there was a separation spell cast for her. So I do not know, may Allah reward you with good, what is the solution to this problem?

The Shaykh : Is she still with you?

The questioner : Yes, she is still with me.

The Shaykh : With you, meaning she did not go to her family?

The questioner : But she did not go to school.

The Shaykh : I understand, I understand.

The questioner : Because I swore.

The Shaykh : But she is still with you in your house?

The questioner : Yes, yes. May Allah reward you with good.

The Shaykh : Okay, since you divorced her, or uttered the words of divorce! How is she with you?

The questioner : Yes, may Allah reward you with good. I said, “You are divorced three times if you go to school again,” and she has not gone since that day.

The Shaykh : Yes.

The questioner : I went to the school and obtained an exceptional leave without salary for her for six months. But the time for her return to school is approaching, and we are truly in great need of this salary because our family circumstances are not just my circumstances, but also the circumstances of my family and her family, because both of us support our families. So she did not go to school. My oath was specific: I am divorced three times if you do not go to this school anymore. And I was in a state that Allah knows.

The Shaykh : I understand, I understand. It is upon you now!

The questioner : Yes, may you live long.

The Shaykh : So listen to what is being said to you.

The questioner : Please, may you live long.

The Shaykh : First:

The questioner: Yes.

The Shaykh : Have you ever divorced before this?

The questioner : Yes, may Allah prolong your life.

The Shaykh : And what did you do?

The questioner : He told me.

The Shaykh : That you should divorce her with one divorce!

The Shaykh : No, that answer is incorrect. Perhaps you mean that the Shaykh told you: this is recorded as one divorce. Is that so?

The questioner : He told me.

The Shaykh : My wife now, since I swore with divorce, and it was one divorce, I said, “I am divorced,” and I did not say, “I am divorced three times.” I said, “I am divorced” meaning I do not take this thing. After a period of time, I wanted to take this thing, so I went to consult one of the Shaykhs here, and he told me: this should not be considered an oath, but you must have two witnesses testify that you divorced your wife with one divorce and took her back. So I did what he said.

The Shaykh : I understand, O Shaykh, may Allah guide you. I told you: so did you count one divorce against you?

The questioner : Yes, yes, may Allah prolong your life.

The Shaykh : Ah, that is what I am asking you. So there is one divorce upon you toward your wife?

The questioner : Yes, yes.

The Shaykh : Okay, now.

The questioner: Yes.

The Shaykh : You are saying and asking: is this divorce upon you considered a divorce, making it a second divorce, or not?

The questioner : Yes, but may Allah prolong your life, I said three times?

The Shaykh : I know, I know.

The questioner : Yes, may Allah prolong your life.

The Shaykh : Listen, my brother.

The questioner: Go ahead.

The Shaykh : First: if a man says to his wife, “You are divorced three times.”

The questioner: Yes.

The Shaykh : Just as if he said to her, “You are divorced once,” the word “three times.”

The questioner : Yes?

The Shaykh : Has no effect and no impact.

The questioner: Yes.

The Shaykh : Just as if a man said to you.

The questioner: Yes.

The Shaykh : Take three riyals from me.

The questioner: Yes.

The Shaykh : And then he only gave you one riyal!

The questioner: Yes.

The Shaykh : Then his words are idle talk.

The questioner : Yes, yes.

The Shaykh : And his saying, “Take three riyals,” is not considered as long as he only gave you one riyal.

The questioner: Yes.

The Shaykh : Do you understand this example?

The questioner : I understand, I understand, may Allah prolong your life.

The Shaykh : May Allah bless you.

The questioner : May Allah reward you with good, O Shaykh.

The Shaykh : The answer has a continuation.

The questioner : Yes, please.

The Shaykh : So if your divorce, which was accompanied by the phrase “three times,” is considered a divorce, if it is considered—pay attention—if it is considered a divorce,

The questioner: Yes.

The Shaykh : It is not counted, it is not considered three, but rather it is one divorce.

The questioner: Yes.

The Shaykh : But is it considered one divorce?

The questioner: Yes.

The Shaykh : The answer, according to what I heard from you.

The questioner: Yes.

The Shaykh : It is not considered, not even one divorce!!

The questioner: Yes.

The Shaykh : And therefore your wife.

The questioner: Yes.

The Shaykh : For whom we ask for immediate healing.

The questioner : O Allah, amen.

The Shaykh : She is still your wife.

The questioner: Yes.

The Shaykh : And upon her is that divorce which was counted against you before. As for this divorce where you said to her, “You are divorced three times.”

The questioner: Yes.

The Shaykh : If you do not go to study, and then you did not go, then there is nothing upon you.

The questioner: Yes.

The Shaykh : Up to this point, there is nothing upon you. But if she goes for the economic reasons you mentioned.

The questioner: Yes.

The Shaykh : Then upon you is the expiation of an oath, which is to feed ten poor people.

The questioner: Yes.

The Shaykh : And upon you is only the first divorce.

The questioner: Yes.

The Shaykh: Is it clear?

The questioner: May Allah reward you a thousand times.

The Shaykh : Is it clear to you?

The questioner : It is clear, may Allah prolong your life.

The Shaykh : May Allah keep you safe, and peace be upon you.

The questioner : And upon you be peace. Okay, O our Shaykh, is there any service?

The Shaykh : May Allah keep you safe. May Allah reward you with good.

The questioner : By the great Allah, from the Kingdom of Saudi Arabia.

The Shaykh : May Allah reward you with good, and bless you, and put harmony between you and your wife.

The questioner : May Allah reward you a thousand times with good, if Allah wills.

The Shaykh : And may Allah protect you, if Allah wills.

The questioner : If Allah wills.

The Shaykh : And peace be upon you.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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