The Ruling on Swearing by Divorce with the Intention of Urging, Prohibiting, or Verifying
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Question:
The listener: Sulayman Daway sent a message asking Your Eminence about swearing by divorce after the marriage contract has been written for the wife, but before consummation. Does it have an effect, or does it not?
Answer:
This requires detailed explanation: The prescribed course is to leave off swearing by divorce entirely. One should not make it a habit, nor say, “I swear by divorce that I will not do such and such,” or “I swear by divorce that I will certainly do such and such,” or “If you stand up, you are divorced.” One should leave this matter alone. It is prescribed for the husband to keep his distance from divorce so that he does not fall into it. However, swearing by divorce means: suspending it upon a matter intended to be prohibited, or to be urged, or to be verified, or to be denied. This is called: an oath. It is called: a yamin (oath). “I swear by divorce that I will not do such and such,” “I swear by divorce that I will not travel,” “I swear by divorce that I will not speak to so-and-so,” “I swear by divorce that you will not leave such and such place,” “I swear by divorce that you will not speak to so-and-so,” “I swear by divorce that you will enter the house,” “I swear by divorce that you will not cook such and such food,” and so on. This is called: a yamin (oath), if his intention is urging, or prohibition, or verification, or denial. “I swear by divorce that I did not do this,” “I swear by divorce that I did not say this speech,” …… until he is believed. It is called: a yamin (oath). “I swear by divorce that so-and-so is not truthful,” meaning he wants to deny it.
“I swear by divorce regarding eating so-and-so’s food …… until he eats it,” “I swear by divorce that I will not speak to so-and-so until he refrains.” This is called: a yamin (oath). But if he says, “I swear by divorce if Ramadan enters,” this is not called a yamin (oath). This is a condition. This is suspended upon it. “I swear by divorce if Ramadan enters,” “I swear by divorce if Shawwal enters,” “I swear by divorce if it rains.” This means: mere suspension. It is not called a yamin (oath). It is called: a suspension; because there is no urging, no prohibition, no verification, and no denial.
The presenter : May Allah reward you with good, and may He do you good.
The listener: Sulayman Daway sent a message asking Your Eminence about swearing by divorce after the marriage contract has been written for the wife, but before consummation. Does it have an effect, or does it not?
Answer:
This requires detailed explanation: The prescribed course is to leave off swearing by divorce entirely. One should not make it a habit, nor say, “I swear by divorce that I will not do such and such,” or “I swear by divorce that I will certainly do such and such,” or “If you stand up, you are divorced.” One should leave this matter alone. It is prescribed for the husband to keep his distance from divorce so that he does not fall into it. However, swearing by divorce means: suspending it upon a matter intended to be prohibited, or to be urged, or to be verified, or to be denied. This is called: an oath. It is called: a yamin (oath). “I swear by divorce that I will not do such and such,” “I swear by divorce that I will not travel,” “I swear by divorce that I will not speak to so-and-so,” “I swear by divorce that you will not leave such and such place,” “I swear by divorce that you will not speak to so-and-so,” “I swear by divorce that you will enter the house,” “I swear by divorce that you will not cook such and such food,” and so on. This is called: a yamin (oath), if his intention is urging, or prohibition, or verification, or denial. “I swear by divorce that I did not do this,” “I swear by divorce that I did not say this speech,” …… until he is believed. It is called: a yamin (oath). “I swear by divorce that so-and-so is not truthful,” meaning he wants to deny it.
“I swear by divorce regarding eating so-and-so’s food …… until he eats it,” “I swear by divorce that I will not speak to so-and-so until he refrains.” This is called: a yamin (oath). But if he says, “I swear by divorce if Ramadan enters,” this is not called a yamin (oath). This is a condition. This is suspended upon it. “I swear by divorce if Ramadan enters,” “I swear by divorce if Shawwal enters,” “I swear by divorce if it rains.” This means: mere suspension. It is not called a yamin (oath). It is called: a suspension; because there is no urging, no prohibition, no verification, and no denial.
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.