The Ruling on Generalizing the Intention When Swearing by Divorce That It Will Not Take Effect
Machine translationRead the Arabic original
Question:
A listener from the Sultanate of Oman, Muhammad ibn Barakat ibn Muhammad al-Shalabi, sent a message saying: A person intended throughout his life that if he swore by divorce, and this divorce occurred, it would not be considered valid. This intention was in the form of an oath by divorce, in which he stated: If he swore by divorce and it occurred, it would not be a divorce. Is this permissible?
Answer:
This requires detailed explanation: Everything that occurs has its own ruling, and this generalization is not sufficient. If divorce occurs from him, the divorce takes effect. Even if he previously said that it would not... this is the case; the criterion is the time of the action. So if, at the time he said, "So-and-so is divorced if she speaks to so-and-so," or "So-and-so is divorced if she goes to so-and-so's house," and he intended divorce, then the divorce takes effect. The criterion is the intention that accompanied the action, the intention that accompanied the statement, not the prior intention. The basis is the intention that is with his statement; based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1.
If divorce is made conditional on a matter intended to encourage it, or to prohibit it, or to affirm it, or to deny it, and he did not intend to effect the divorce, then it has the ruling of an oath. However, if divorce is made conditional on an action where he intends to effect the divorce upon its occurrence, such as saying, "If you go to so-and-so's house, you are divorced," and his intention is to effect the divorce, then it is according to his intention, and the divorce takes effect when she goes out. Or if he says, "If you speak to so-and-so or so-and-so, you are divorced," and his intention is to effect the divorce, his intention being to effect the divorce, then the divorce takes effect. (Actions are by intentions). Yes.
The presenter : May Allah reward you with good.
A listener from the Sultanate of Oman, Muhammad ibn Barakat ibn Muhammad al-Shalabi, sent a message saying: A person intended throughout his life that if he swore by divorce, and this divorce occurred, it would not be considered valid. This intention was in the form of an oath by divorce, in which he stated: If he swore by divorce and it occurred, it would not be a divorce. Is this permissible?
Answer:
This requires detailed explanation: Everything that occurs has its own ruling, and this generalization is not sufficient. If divorce occurs from him, the divorce takes effect. Even if he previously said that it would not... this is the case; the criterion is the time of the action. So if, at the time he said, "So-and-so is divorced if she speaks to so-and-so," or "So-and-so is divorced if she goes to so-and-so's house," and he intended divorce, then the divorce takes effect. The criterion is the intention that accompanied the action, the intention that accompanied the statement, not the prior intention. The basis is the intention that is with his statement; based on the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىIf divorce is made conditional on a matter intended to encourage it, or to prohibit it, or to affirm it, or to deny it, and he did not intend to effect the divorce, then it has the ruling of an oath. However, if divorce is made conditional on an action where he intends to effect the divorce upon its occurrence, such as saying, "If you go to so-and-so's house, you are divorced," and his intention is to effect the divorce, then it is according to his intention, and the divorce takes effect when she goes out. Or if he says, "If you speak to so-and-so or so-and-so, you are divorced," and his intention is to effect the divorce, his intention being to effect the divorce, then the divorce takes effect. (Actions are by intentions). Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.