The ruling on one who swears by divorce not to drink intoxicants and then returns to it
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Question:
A long letter signed by one of the female listeners. The sender (H. S. D) says: Our sister has a problem in a long letter. The summary of this case is that she was afflicted with a drunk husband, and she discovered that he was so after two years of marriage. However, he is not an addict as she describes him; rather, he drinks from time to time. At that point, she rebuked him, so he swore to her by divorce three times that he would not get drunk, but he returned to it. What is your guidance?
Answer:
It is obligatory to advise him and warn him of the consequences of this bad action, for intoxicants are among the ugliest of evils and among the ugliest of major sins. So it is obligatory for this man to fear Allah and to leave this vile drink. The Prophet (peace and blessings be upon him) said: And he (peace and blessings be upon him) said: Sahih Muslim 57a This is from the category of severe warning, because it contradicts the perfection of faith which is obligatory. So it is obligatory for him to fear Allah and to repent to Allah, and you should advise him and warn him of its evil.
As for his divorce that he would not drink; this is detailed: If he divorced on the condition that he would not drink and his intention was to abstain, and his intention was not for the divorce to take place, but his intention was to abstain from it and to be strict with himself, and his intention was not to effect the divorce, then he owes the expiation for an oath, and the divorce does not take place. But if his intention was to effect the divorce, then the divorce takes place. We ask Allah for guidance for us and for him.
The presenter : May Allah reward you with good, and may He do you good. So do you advise her to stay with him, or does she take another action, O Shaykh?
The Shaykh : We advise her to stay with him and to advise him. If he does not accept the advice, we advise her to separate, even by giving him his money. Yes. If he does not divorce her without money, or she brings her case to the court. Yes.
The presenter : May Allah reward you with good. And those oaths by divorce three times not to return, and then he returns?
The Shaykh : We informed her that this is detailed: If he intended to abstain and did not intend to effect the divorce, then he owes the expiation for an oath for each one. But if he intended to abstain with the effecting of the divorce if he drinks, then the divorce takes place. And if it is repeated three times, it becomes forbidden for him. Yes. Until he marries another husband. Yes.
The presenter : May Allah reward you with good, and may He do you good.
A long letter signed by one of the female listeners. The sender (H. S. D) says: Our sister has a problem in a long letter. The summary of this case is that she was afflicted with a drunk husband, and she discovered that he was so after two years of marriage. However, he is not an addict as she describes him; rather, he drinks from time to time. At that point, she rebuked him, so he swore to her by divorce three times that he would not get drunk, but he returned to it. What is your guidance?
Answer:
It is obligatory to advise him and warn him of the consequences of this bad action, for intoxicants are among the ugliest of evils and among the ugliest of major sins. So it is obligatory for this man to fear Allah and to leave this vile drink. The Prophet (peace and blessings be upon him) said:
Cursed are intoxicants, its drinker, its server, its carrier, the one to whom it is carried, its presser, its presser, its seller, its buyer, and the one who eats its price
لعن الخمر وشاربها وساقيها وحاملها والمحمولة إليه وعاصرها ومعتصرها وبائعها ومشتريها وآكل ثمنهاno drunkard who drinks wine is a believer as long as he drinks it
لا يشرب الخمر حين يشربها وهو مؤمنAs for his divorce that he would not drink; this is detailed: If he divorced on the condition that he would not drink and his intention was to abstain, and his intention was not for the divorce to take place, but his intention was to abstain from it and to be strict with himself, and his intention was not to effect the divorce, then he owes the expiation for an oath, and the divorce does not take place. But if his intention was to effect the divorce, then the divorce takes place. We ask Allah for guidance for us and for him.
The presenter : May Allah reward you with good, and may He do you good. So do you advise her to stay with him, or does she take another action, O Shaykh?
The Shaykh : We advise her to stay with him and to advise him. If he does not accept the advice, we advise her to separate, even by giving him his money. Yes. If he does not divorce her without money, or she brings her case to the court. Yes.
The presenter : May Allah reward you with good. And those oaths by divorce three times not to return, and then he returns?
The Shaykh : We informed her that this is detailed: If he intended to abstain and did not intend to effect the divorce, then he owes the expiation for an oath for each one. But if he intended to abstain with the effecting of the divorce if he drinks, then the divorce takes place. And if it is repeated three times, it becomes forbidden for him. Yes. Until he marries another husband. Yes.
The presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.