The Ruling on Swearing by Divorce Along with Zihar from the Wife
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Question:
The listener, Jabir Muhammad Ali Zidan, from the Arab Republic of Egypt, says in a lengthy question: I swore by divorce and by the four schools of jurisprudence that if you go to your father’s house in a state of anger without my knowledge, you will be forbidden to me like my mother. Knowing that she has a child and is pregnant, and knowing that this is the first divorce pronounced between us, what is the ruling? And what do you advise us? May Allah reward you with good.
Answer:
This requires detail: If you intended both the divorce and the prohibition, then one divorce takes effect on her, and she becomes forbidden to you like your mother’s back. You owe the expiation for zihar, which is freeing a believing slave. If you are unable to do so, you fast for two consecutive months. If you are unable to do that, you feed sixty poor people, thirty sa’ (a dry measure of about 3 kg), with each sa’ shared between two people. The sa’ is approximately three kilograms, and each person receives half a sa’, which is one and a half kilograms of the local staple food, such as dates, rice, or something else, if you are unable to free a slave and unable to fast for two consecutive months. One divorce takes effect on her, and you may take her back during the waiting period, provided you had not divorced her twice before.
However, if you said, “Divorce is upon me,” intending only the prohibition and not intending to effect the divorce—meaning, you said, “Divorce is upon me” to forbid her, intending that she is forbidden to you—then you have forbidden her, and you owe only the expiation for zihar, which is easy, and no divorce takes effect. If you intended the prohibition by the divorce, meaning, if you said, “Divorce is upon me,” meaning that she is forbidden to you like your mother, and your intention was not to divorce her but to forbid her, then this entails only the expiation for zihar, and no divorce takes effect.
However, if you intended both: that she be divorced and forbidden, like your mother’s back, then one divorce takes effect on her, and you may take her back if there were not two divorces before it. You also owe the expiation for zihar because of forbidding her like your mother. The expiation for zihar, as mentioned before, is ordered first: freeing a believing slave if it is feasible. If it is not feasible, then fasting for two consecutive months, sixty days. If you are unable to do this, you feed sixty poor people, thirty sa’ (a dry measure of about 3 kg), with each sa’ measuring approximately three kilograms. Each poor person receives one sa’, approximately one and a half kilograms of the local staple food, such as dates, rice, wheat, barley, or corn, or according to the condition of the country, along with repentance and seeking forgiveness. Yes.
The presenter : May Allah reward you with good.
The listener, Jabir Muhammad Ali Zidan, from the Arab Republic of Egypt, says in a lengthy question: I swore by divorce and by the four schools of jurisprudence that if you go to your father’s house in a state of anger without my knowledge, you will be forbidden to me like my mother. Knowing that she has a child and is pregnant, and knowing that this is the first divorce pronounced between us, what is the ruling? And what do you advise us? May Allah reward you with good.
Answer:
This requires detail: If you intended both the divorce and the prohibition, then one divorce takes effect on her, and she becomes forbidden to you like your mother’s back. You owe the expiation for zihar, which is freeing a believing slave. If you are unable to do so, you fast for two consecutive months. If you are unable to do that, you feed sixty poor people, thirty sa’ (a dry measure of about 3 kg), with each sa’ shared between two people. The sa’ is approximately three kilograms, and each person receives half a sa’, which is one and a half kilograms of the local staple food, such as dates, rice, or something else, if you are unable to free a slave and unable to fast for two consecutive months. One divorce takes effect on her, and you may take her back during the waiting period, provided you had not divorced her twice before.
However, if you said, “Divorce is upon me,” intending only the prohibition and not intending to effect the divorce—meaning, you said, “Divorce is upon me” to forbid her, intending that she is forbidden to you—then you have forbidden her, and you owe only the expiation for zihar, which is easy, and no divorce takes effect. If you intended the prohibition by the divorce, meaning, if you said, “Divorce is upon me,” meaning that she is forbidden to you like your mother, and your intention was not to divorce her but to forbid her, then this entails only the expiation for zihar, and no divorce takes effect.
However, if you intended both: that she be divorced and forbidden, like your mother’s back, then one divorce takes effect on her, and you may take her back if there were not two divorces before it. You also owe the expiation for zihar because of forbidding her like your mother. The expiation for zihar, as mentioned before, is ordered first: freeing a believing slave if it is feasible. If it is not feasible, then fasting for two consecutive months, sixty days. If you are unable to do this, you feed sixty poor people, thirty sa’ (a dry measure of about 3 kg), with each sa’ measuring approximately three kilograms. Each poor person receives one sa’, approximately one and a half kilograms of the local staple food, such as dates, rice, wheat, barley, or corn, or according to the condition of the country, along with repentance and seeking forgiveness. 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.