The ruling on one who swore to divorce his wife with three divorces
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Question: His Eminence the Shaykh / Abdul Aziz ibn Baz, may Allah preserve him. Amen.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I am writing this letter to your Eminence, as it is not hidden from you that the majority of mosques in Buraydah call the worshippers by name after the Fajr prayer. Since I am one of the Muslims, it has become customary for me to be called like other people. The imam of the mosque congregation would say it himself when asked about his grandson, within the hearing of those present, saying: "He is not present." I am certain that he is in his home, knowing that he and those who are excused like him are in the same house, and it is fully known that he is in his bed for the Fajr prayer.
Since I am upon the fitrah of Islam, and among those who believe in its pillars, and from what I have known of the reality of our noble religion, I swore upon myself to divorce my wife with three divorces, that no person should hear from me any word indicating my presence for prayer; because it is the duty of a Muslim that his work not be showing off or hypocrisy, and that he not fear anyone in the worship of his Lord. I drew up a document to that effect dated 29/4/1388 AH.
In these days, some of those who enjoin good have made things difficult for me, as they see me silent when asked about my presence, thinking that I am not praying and assuming that I am sleeping at the time of prayer. I ask your Eminence to inform me of what is obligatory upon me regarding the execution of my divorce of my wife—the mother of my children—by preparing for prayer.
I ask your Eminence to inform me which one I should execute, knowing that I am unable to marry; since I am a simple employee, at a time when I am embarrassed with those who asked me for a response when they ask about me after the Fajr prayer?
This is what I have. I hope that it is in writing; so that your Eminence may be aware of the reality of what I am saying, and to guide me to what is obligatory. I thank your Eminence for the services and good deeds you provide to those who are stirred up by such impurities and obscurities—may Allah bless your efforts with good, and deliverance from the Fire—and peace be upon you and the mercy of Allah and His blessings.
Drawn up on 7/8/1388 AH
Answer: From Abdul Aziz ibn Abdullah ibn Baz, to the presence of the honored brother / S. A. M., may Allah guide him to all good. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter dated 7/8/1388 AH has arrived, may Allah guide you with it, and what it contained regarding the information about your conditional divorce was known.
And the answer: What I see is: to race to the Fajr prayer; so that the imam and the notables of the congregation know of your presence and your consistency, and they are content with that instead of calling you with the people. In this there are two benefits: one is your maintenance of the congregation, and the second is your safety from the occurrence of the divorce.
And it was not befitting for you to bring about such a divorce, and it was better for you to be patient as others have been patient, and to respond to them when they call you by your name; so that those present know that, by the praise of Allah, you are among the consistent ones. But perhaps the good is in the reality.
And I ask Allah for us and for you success in what pleases Him, and safety from the evil of anger and the stings of Satan; indeed He is Generous and Kind.
There is no harm in informing the imam and some of the notables of this; so that they may excuse you, and be content with seeing you in the row with the worshippers. If they are not satisfied with that, then inform us, and we will, if Allah wills, look into your matter. May Allah correct the intention of everyone.
And peace be upon you and the mercy of Allah and His blessings.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I am writing this letter to your Eminence, as it is not hidden from you that the majority of mosques in Buraydah call the worshippers by name after the Fajr prayer. Since I am one of the Muslims, it has become customary for me to be called like other people. The imam of the mosque congregation would say it himself when asked about his grandson, within the hearing of those present, saying: "He is not present." I am certain that he is in his home, knowing that he and those who are excused like him are in the same house, and it is fully known that he is in his bed for the Fajr prayer.
Since I am upon the fitrah of Islam, and among those who believe in its pillars, and from what I have known of the reality of our noble religion, I swore upon myself to divorce my wife with three divorces, that no person should hear from me any word indicating my presence for prayer; because it is the duty of a Muslim that his work not be showing off or hypocrisy, and that he not fear anyone in the worship of his Lord. I drew up a document to that effect dated 29/4/1388 AH.
In these days, some of those who enjoin good have made things difficult for me, as they see me silent when asked about my presence, thinking that I am not praying and assuming that I am sleeping at the time of prayer. I ask your Eminence to inform me of what is obligatory upon me regarding the execution of my divorce of my wife—the mother of my children—by preparing for prayer.
I ask your Eminence to inform me which one I should execute, knowing that I am unable to marry; since I am a simple employee, at a time when I am embarrassed with those who asked me for a response when they ask about me after the Fajr prayer?
This is what I have. I hope that it is in writing; so that your Eminence may be aware of the reality of what I am saying, and to guide me to what is obligatory. I thank your Eminence for the services and good deeds you provide to those who are stirred up by such impurities and obscurities—may Allah bless your efforts with good, and deliverance from the Fire—and peace be upon you and the mercy of Allah and His blessings.
Drawn up on 7/8/1388 AH
Answer: From Abdul Aziz ibn Abdullah ibn Baz, to the presence of the honored brother / S. A. M., may Allah guide him to all good. Amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter dated 7/8/1388 AH has arrived, may Allah guide you with it, and what it contained regarding the information about your conditional divorce was known.
And the answer: What I see is: to race to the Fajr prayer; so that the imam and the notables of the congregation know of your presence and your consistency, and they are content with that instead of calling you with the people. In this there are two benefits: one is your maintenance of the congregation, and the second is your safety from the occurrence of the divorce.
And it was not befitting for you to bring about such a divorce, and it was better for you to be patient as others have been patient, and to respond to them when they call you by your name; so that those present know that, by the praise of Allah, you are among the consistent ones. But perhaps the good is in the reality.
And I ask Allah for us and for you success in what pleases Him, and safety from the evil of anger and the stings of Satan; indeed He is Generous and Kind.
There is no harm in informing the imam and some of the notables of this; so that they may excuse you, and be content with seeing you in the row with the worshippers. If they are not satisfied with that, then inform us, and we will, if Allah wills, look into your matter. May Allah correct the intention of 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.