If a man swears that his wife is divorced, is this considered a divorce?
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The questioner : Now, if a man says ... my wife is divorced.
The Shaykh : Yes.
The questioner : Or if he swears to a person ... my wife is divorced.
The questioner : Yes.
The Shaykh : Does this count as a divorce or not?
The Shaykh : No, no, this is an oath.
The questioner : Is that right?
The Shaykh : This is an oath.
The questioner : Now, the wording.
The Shaykh : The wording is the operative cause of the ruling. This wording was used for emphasis, meaning that my wife is the most precious thing I have, and yet I would cheapen her for your sake to confirm the binding nature of the oath. In reality, swearing by divorce did not occur during the time of the Companions, and no reports (athar) were transmitted regarding it. However, during the time of the Companions, they did swear by vows (nadhr), and they ruled that its ruling is the same as that of an oath.
The questioner : Now, what about swearing by zihar? Swearing by divorce?
The Shaykh : Any oath, if the intention is to swear, is an oath, whether by zihar, divorce, freeing a slave, waqf, or ... .
The questioner : As for the divorce ... .
The Shaykh : Yes, this is if it is a formula of divorce, such as saying "my wife is divorced," "my wife is divorced," "I have divorced you," or the like.
The questioner : ... If someone says "my wife is divorced if I do such and such" ...
The Shaykh : Yes, originally, when it comes to an oath, it is an oath. But if the intention is divorce, it is known that it becomes a divorce. Therefore, in reality, if he says "if I do such and such," and he conditions the divorce on a condition, then either the condition is a pure condition, in which case the divorce takes place, such as "if the sun rises, my wife is divorced," clear? Or it is more likely that it is an oath, such as swearing by divorce on his own action or on the action of another. In this case, it is apparent that the intention is an oath, because the wife has no involvement, poor thing. For example, he says "if I do such and such, my wife is divorced," or "if you do such and such, my wife is divorced." What is the apparent ruling in this case?
The questioner : An oath.
The Shaykh : An oath. The third case is where there is a possibility, such as swearing by divorce on his wife, saying "if you do such and such, you are divorced." Here, it is possible that he intends that if she does this thing, he is pleased with her because she disobeyed him, and when she disobeyed him, she became disliked to him, so the divorce takes place. It is also possible that he intended to threaten and frighten her so that she would refrain. In this case, its ruling is the ruling of an oath. But which is more apparent?
The questioner : ... .
The Shaykh : In my view, if the matter is major, it is apparent that he intends divorce. If it is minor, he intends to make her refrain. So if he says "if you drink the water from this jug, you are divorced," right? It is apparent that he intended an oath, or not? But if he says "if you talk to so-and-so the wicked man, you are divorced," it is apparent that he intends divorce, because this compromises her honor, unlike drinking water from a jug. Yes.
The questioner : ... .
The Shaykh : Now, correct, this question is sound and has no problem.
The Shaykh : Yes.
The questioner : Or if he swears to a person ... my wife is divorced.
The questioner : Yes.
The Shaykh : Does this count as a divorce or not?
The Shaykh : No, no, this is an oath.
The questioner : Is that right?
The Shaykh : This is an oath.
The questioner : Now, the wording.
The Shaykh : The wording is the operative cause of the ruling. This wording was used for emphasis, meaning that my wife is the most precious thing I have, and yet I would cheapen her for your sake to confirm the binding nature of the oath. In reality, swearing by divorce did not occur during the time of the Companions, and no reports (athar) were transmitted regarding it. However, during the time of the Companions, they did swear by vows (nadhr), and they ruled that its ruling is the same as that of an oath.
The questioner : Now, what about swearing by zihar? Swearing by divorce?
The Shaykh : Any oath, if the intention is to swear, is an oath, whether by zihar, divorce, freeing a slave, waqf, or ... .
The questioner : As for the divorce ... .
The Shaykh : Yes, this is if it is a formula of divorce, such as saying "my wife is divorced," "my wife is divorced," "I have divorced you," or the like.
The questioner : ... If someone says "my wife is divorced if I do such and such" ...
The Shaykh : Yes, originally, when it comes to an oath, it is an oath. But if the intention is divorce, it is known that it becomes a divorce. Therefore, in reality, if he says "if I do such and such," and he conditions the divorce on a condition, then either the condition is a pure condition, in which case the divorce takes place, such as "if the sun rises, my wife is divorced," clear? Or it is more likely that it is an oath, such as swearing by divorce on his own action or on the action of another. In this case, it is apparent that the intention is an oath, because the wife has no involvement, poor thing. For example, he says "if I do such and such, my wife is divorced," or "if you do such and such, my wife is divorced." What is the apparent ruling in this case?
The questioner : An oath.
The Shaykh : An oath. The third case is where there is a possibility, such as swearing by divorce on his wife, saying "if you do such and such, you are divorced." Here, it is possible that he intends that if she does this thing, he is pleased with her because she disobeyed him, and when she disobeyed him, she became disliked to him, so the divorce takes place. It is also possible that he intended to threaten and frighten her so that she would refrain. In this case, its ruling is the ruling of an oath. But which is more apparent?
The questioner : ... .
The Shaykh : In my view, if the matter is major, it is apparent that he intends divorce. If it is minor, he intends to make her refrain. So if he says "if you drink the water from this jug, you are divorced," right? It is apparent that he intended an oath, or not? But if he says "if you talk to so-and-so the wicked man, you are divorced," it is apparent that he intends divorce, because this compromises her honor, unlike drinking water from a jug. Yes.
The questioner : ... .
The Shaykh : Now, correct, this question is sound and has no problem.