The ruling on swearing by divorce with the intention of urging, preventing, or compelling
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Question:
After this, a message reached the program from one of the listening brothers. The listener Abdullah, residing in Riyadh, says: I swore by divorce to one of the brothers to make him take a sum of money, but he refused and swore by Allah that he would not take the amount. Did the divorce take place in that case? May Allah reward you with good.
Answer:
This requires a detailed explanation: If the intention is to compel him to take it, to emphasize the matter, and your intention is not to effect the divorce, then the divorce does not take place, and it carries the ruling of an oath. You must pay the expiation for an oath. If a person says, "Divorce is upon you if you take these coins," or "Divorce is upon you if you eat the food," or "Divorce is upon you if you leave the house," or "Divorce is upon you if you travel to such and such," and it is not carried out, you must pay the expiation for an oath, provided the intention is to emphasize the matter and not to effect the divorce, but rather to emphasize what was mentioned. In that case, it is in the ruling of an oath, and the expiation for the oath is upon him if the person upon whom the oath was sworn fails to meet the condition and does not comply. For example, if he says, "Divorce is upon you if you drink coffee," and he refuses, and his intention is to compel him, not to divorce his wife, but rather to compel him and emphasize the matter, then there is an expiation for an oath in this. Likewise, if he says to his wife, "Divorce is upon you if you do not leave the house," or "Divorce is upon you if you do not talk to so-and-so," and the intention is prevention—prevention from leaving or from talking—and she does not comply, then the expiation for an oath is upon him, and the divorce does not take place. This is because all these types are in the ruling of an oath, and the intention behind them is to emphasize doing something or preventing something. However, if he has another intention... it must be looked into. If it takes place, he should seek a ruling from the scholars, and they will issue a ruling for him if he has another intention other than this, other than the intention of prevention and urging.
The point is: These conditions involve a detailed explanation. Sometimes the person intends to prevent something, or to urge something, and sometimes he intends this along with divorce. If he intends both, the divorce takes place, provided there is no obstacle to its taking place, such as menstruation or the like. Yes.
The presenter : May Allah reward you with good.
After this, a message reached the program from one of the listening brothers. The listener Abdullah, residing in Riyadh, says: I swore by divorce to one of the brothers to make him take a sum of money, but he refused and swore by Allah that he would not take the amount. Did the divorce take place in that case? May Allah reward you with good.
Answer:
This requires a detailed explanation: If the intention is to compel him to take it, to emphasize the matter, and your intention is not to effect the divorce, then the divorce does not take place, and it carries the ruling of an oath. You must pay the expiation for an oath. If a person says, "Divorce is upon you if you take these coins," or "Divorce is upon you if you eat the food," or "Divorce is upon you if you leave the house," or "Divorce is upon you if you travel to such and such," and it is not carried out, you must pay the expiation for an oath, provided the intention is to emphasize the matter and not to effect the divorce, but rather to emphasize what was mentioned. In that case, it is in the ruling of an oath, and the expiation for the oath is upon him if the person upon whom the oath was sworn fails to meet the condition and does not comply. For example, if he says, "Divorce is upon you if you drink coffee," and he refuses, and his intention is to compel him, not to divorce his wife, but rather to compel him and emphasize the matter, then there is an expiation for an oath in this. Likewise, if he says to his wife, "Divorce is upon you if you do not leave the house," or "Divorce is upon you if you do not talk to so-and-so," and the intention is prevention—prevention from leaving or from talking—and she does not comply, then the expiation for an oath is upon him, and the divorce does not take place. This is because all these types are in the ruling of an oath, and the intention behind them is to emphasize doing something or preventing something. However, if he has another intention... it must be looked into. If it takes place, he should seek a ruling from the scholars, and they will issue a ruling for him if he has another intention other than this, other than the intention of prevention and urging.
The point is: These conditions involve a detailed explanation. Sometimes the person intends to prevent something, or to urge something, and sometimes he intends this along with divorce. If he intends both, the divorce takes place, provided there is no obstacle to its taking place, such as menstruation or the like. 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.