Ruling on one who intended to prevent his wife from doing something and swore to divorce her three times
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Question:
At the beginning of this episode, we return to the message from listener Hamdi Khalil, an Egyptian working in Jeddah. We presented some of his questions in a previous episode, and in this episode he asks and says: I ask you, if you would be so kind, about the ruling in the Shari'ah regarding a man who, in a moment of anger, swore to his wife, saying: "I divorce you"—and he repeated that three times—"you will not go to your job tomorrow." In the morning, the storm subsided, and his wife went to her job, and he drove her to her workplace. It is known that he did not intend, nor did he want, to divorce her; rather, he wanted to prevent her. He has regretted what he did and resolved not to return to such behavior in the future. Is this considered a divorce, or is it considered an oath that requires expiation? Discuss this topic for us. May Allah guide you, and may Allah reward you with the best reward.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This divorce and its like are considered in the ruling of an oath, and it does not take effect; because he did not intend to effect it, but rather intended to prevent her. So, an oath expiation is required of him. This is the most correct of the scholars' opinions in this issue. Likewise, if he said: "I divorce you if you speak to so-and-so," and his intention was to prevent her from speaking, or "I divorce you if you do not do such-and-such," and his intention was to urge her to do it, and he did not intend to effect the divorce; then it is considered in the ruling of an oath.
The rule is: If the divorce is conditional upon something intended for urging or prevention, or for verification, or for denial, and the person does not intend to effect the divorce, then it is considered in the ruling of an oath, and only the oath expiation is required of him. This is the most correct of what has been said by the people of knowledge—may Allah have mercy on them.
We advise our brother to leave this speech and not to habituate himself to this speech; because there is great disagreement among the people of knowledge regarding this. The believer should leave these things that may cause doubt and harm for him. Yes.
The presenter : May Allah reward you with good. Would you please remind him of the oath expiation, Your Eminence the Shaykh?
The Shaykh : Yes. The oath expiation is feeding ten poor people, or clothing them, or freeing a slave. So, whoever is unable to do that fasts for three days. And this, by the praise of Allah, does not burden him with anything. Feeding ten poor people does not burden him with anything; he feeds them cooked food in his home, for example, or in any restaurant, lunch or dinner, one meal. And if he gives them half a sa' of the country's staple food, such as rice, wheat, or dates, that suffices. Its amount is approximately one and a half kilograms for each person. And if he clothes them with a garment that suffices them for prayer, such as a shirt or an izar and a rida, that also suffices. Yes.
The presenter : May Allah reward you with good. What does Your Eminence the Shaykh say to those who ask about paying money instead of feeding?
The Shaykh : It does not suffice. Paying money does not suffice. What is mentioned is required of them: either feeding ten poor people, or clothing them, or freeing a slave. So, whoever is unable; fasts for three days.
The presenter : May Allah reward you with good.
At the beginning of this episode, we return to the message from listener Hamdi Khalil, an Egyptian working in Jeddah. We presented some of his questions in a previous episode, and in this episode he asks and says: I ask you, if you would be so kind, about the ruling in the Shari'ah regarding a man who, in a moment of anger, swore to his wife, saying: "I divorce you"—and he repeated that three times—"you will not go to your job tomorrow." In the morning, the storm subsided, and his wife went to her job, and he drove her to her workplace. It is known that he did not intend, nor did he want, to divorce her; rather, he wanted to prevent her. He has regretted what he did and resolved not to return to such behavior in the future. Is this considered a divorce, or is it considered an oath that requires expiation? Discuss this topic for us. May Allah guide you, and may Allah reward you with the best reward.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This divorce and its like are considered in the ruling of an oath, and it does not take effect; because he did not intend to effect it, but rather intended to prevent her. So, an oath expiation is required of him. This is the most correct of the scholars' opinions in this issue. Likewise, if he said: "I divorce you if you speak to so-and-so," and his intention was to prevent her from speaking, or "I divorce you if you do not do such-and-such," and his intention was to urge her to do it, and he did not intend to effect the divorce; then it is considered in the ruling of an oath.
The rule is: If the divorce is conditional upon something intended for urging or prevention, or for verification, or for denial, and the person does not intend to effect the divorce, then it is considered in the ruling of an oath, and only the oath expiation is required of him. This is the most correct of what has been said by the people of knowledge—may Allah have mercy on them.
We advise our brother to leave this speech and not to habituate himself to this speech; because there is great disagreement among the people of knowledge regarding this. The believer should leave these things that may cause doubt and harm for him. Yes.
The presenter : May Allah reward you with good. Would you please remind him of the oath expiation, Your Eminence the Shaykh?
The Shaykh : Yes. The oath expiation is feeding ten poor people, or clothing them, or freeing a slave. So, whoever is unable to do that fasts for three days. And this, by the praise of Allah, does not burden him with anything. Feeding ten poor people does not burden him with anything; he feeds them cooked food in his home, for example, or in any restaurant, lunch or dinner, one meal. And if he gives them half a sa' of the country's staple food, such as rice, wheat, or dates, that suffices. Its amount is approximately one and a half kilograms for each person. And if he clothes them with a garment that suffices them for prayer, such as a shirt or an izar and a rida, that also suffices. Yes.
The presenter : May Allah reward you with good. What does Your Eminence the Shaykh say to those who ask about paying money instead of feeding?
The Shaykh : It does not suffice. Paying money does not suffice. What is mentioned is required of them: either feeding ten poor people, or clothing them, or freeing a slave. So, whoever is unable; fasts for three days.
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.
