The Ruling on One Who Swears by Allah and by Three
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother, the virtuous Judge of al-Khafji, may Allah grant him understanding in all good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
O Beloved: Your noble letter, number 254, dated 28/3/1391 AH, has reached you, may Allah guide you, and I have understood what you stated regarding the nature of the divorce pronounced by the husband, E. M. S., upon his wife.
It is that he, along with the aforementioned wife, her uncle, and her brother, appeared before you, and he declared in their presence that what occurred from him is exactly as he mentioned in his attached letter, which is: that he proposed his sister to a man from among their relatives, but her mother and her brother refused to accept his marriage, so he swore by Allah and by three: that if they do not marry him off, he will not enter their house, and that they are still insisting on not marrying him off, and that he intended divorce by his saying "and by three," as he also declared to you that no divorce occurred from him before this or after it.
Answer: And based on that, I issued a fatwa to the aforementioned husband: that his divorce is in the ruling of an oath, if he only intended by the oath and the divorce to urge his mother and brother to marry the suitor, and his intention was not to separate from his wife if the marriage was not completed, as is apparent from his words. Upon him is the expiation of an oath if the marriage is not completed, if he enters the house, according to the most correct opinion of the scholars, and his wife remains in his protection.
So I hope you will inform everyone of the aforementioned fatwa, and warn the husband from using divorce in such a case, and from pronouncing a triple divorce; because it is not permissible, as is not hidden.
May Allah reward you, and thank you for your effort, 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 254, dated 28/3/1391 AH, has reached you, may Allah guide you, and I have understood what you stated regarding the nature of the divorce pronounced by the husband, E. M. S., upon his wife.
It is that he, along with the aforementioned wife, her uncle, and her brother, appeared before you, and he declared in their presence that what occurred from him is exactly as he mentioned in his attached letter, which is: that he proposed his sister to a man from among their relatives, but her mother and her brother refused to accept his marriage, so he swore by Allah and by three: that if they do not marry him off, he will not enter their house, and that they are still insisting on not marrying him off, and that he intended divorce by his saying "and by three," as he also declared to you that no divorce occurred from him before this or after it.
Answer: And based on that, I issued a fatwa to the aforementioned husband: that his divorce is in the ruling of an oath, if he only intended by the oath and the divorce to urge his mother and brother to marry the suitor, and his intention was not to separate from his wife if the marriage was not completed, as is apparent from his words. Upon him is the expiation of an oath if the marriage is not completed, if he enters the house, according to the most correct opinion of the scholars, and his wife remains in his protection.
So I hope you will inform everyone of the aforementioned fatwa, and warn the husband from using divorce in such a case, and from pronouncing a triple divorce; because it is not permissible, as is not hidden.
May Allah reward you, and thank you for your effort, 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.