What is the ruling on swearing by divorce if the intention is to restrain oneself
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Question: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, to the honorable brother Y. M. 'A, may Allah guide him to all that is good, amen.
Peace be upon you, and the mercy of Allah and His blessings. After that:
Your letter dated 11/1/1393 AH has been received, may Allah guide you. It contained the information that you intended to quit a sin, so you intended and pronounced the divorce of your wife if you were to return to her, and that was on 18/12/1391 AH. You do not know how many times you pronounced the divorce, no one knew about it, and you did not intend to separate from her; rather, you intended to restrain yourself from the sin. Then, due to Satan’s embellishment and what he dictated to you by way of interpretation, you fell into the sin. Then Allah granted you the favor of repenting from it, so you did not return to it after that. This is known.
And the answer: I was pleased by what you mentioned regarding repentance. I ask Allah to grant you steadfastness upon it and uprightness upon the religion of Allah (Glorified and Exalted is He) until you meet Him, and to protect you from the evil of your self and your Satan. Indeed, He is the All-Hearing, the Near. I advise you to fear Allah (Glorified and Exalted is He) and to be upright upon His religion, to adhere to repentance from all other sins, to beware of their means and avenues, and to ask Allah for well-being and steadfastness. The servant is in danger as long as he is alive, unless Allah makes him steadfast and guides him. And He (Glorified and Exalted is He) loves to be asked, and He loves it from His servants that they repent to Him. He has promised them a response in His saying (Glorified and Exalted is He): [Surah Ghafir: 60]. May Allah keep us and you steadfast upon the truth, and guide us all to that in which He is pleased.
As for the divorce mentioned, it is not effective—in the most correct opinion of the scholars—and the wife remains in your protection, if your intention was to restrain yourself from the sin and not to separate from her. You owe an expiation for an oath for that, which is: feeding ten poor people, each of them half a sa' (a dry measure of about 3 kg) of the staple food of the land; whether dates, rice, or otherwise. If you feed them breakfast or dinner, or clothe them, that suffices.
And we ask Allah for us, for you, and for all Muslims well-being from the stings of Satan, and from the evil of the self and bad deeds; indeed, He is the One who has power over that, and is able to do it.
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:
Your letter dated 11/1/1393 AH has been received, may Allah guide you. It contained the information that you intended to quit a sin, so you intended and pronounced the divorce of your wife if you were to return to her, and that was on 18/12/1391 AH. You do not know how many times you pronounced the divorce, no one knew about it, and you did not intend to separate from her; rather, you intended to restrain yourself from the sin. Then, due to Satan’s embellishment and what he dictated to you by way of interpretation, you fell into the sin. Then Allah granted you the favor of repenting from it, so you did not return to it after that. This is known.
And the answer: I was pleased by what you mentioned regarding repentance. I ask Allah to grant you steadfastness upon it and uprightness upon the religion of Allah (Glorified and Exalted is He) until you meet Him, and to protect you from the evil of your self and your Satan. Indeed, He is the All-Hearing, the Near. I advise you to fear Allah (Glorified and Exalted is He) and to be upright upon His religion, to adhere to repentance from all other sins, to beware of their means and avenues, and to ask Allah for well-being and steadfastness. The servant is in danger as long as he is alive, unless Allah makes him steadfast and guides him. And He (Glorified and Exalted is He) loves to be asked, and He loves it from His servants that they repent to Him. He has promised them a response in His saying (Glorified and Exalted is He):
Call upon Me; I will respond to you.
ادْعُونِي أَسْتَجِبْ لَكُمْAs for the divorce mentioned, it is not effective—in the most correct opinion of the scholars—and the wife remains in your protection, if your intention was to restrain yourself from the sin and not to separate from her. You owe an expiation for an oath for that, which is: feeding ten poor people, each of them half a sa' (a dry measure of about 3 kg) of the staple food of the land; whether dates, rice, or otherwise. If you feed them breakfast or dinner, or clothe them, that suffices.
And we ask Allah for us, for you, and for all Muslims well-being from the stings of Satan, and from the evil of the self and bad deeds; indeed, He is the One who has power over that, and is able to do it.
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.