What is the ruling on a man who says to his wife, "My soul, you are divorced"?
Machine translationRead the Arabic original
The questioner : Shaykh, by Allah, there is a man who swore an oath of divorce on his wife. He said to her, meaning, "My soul, you are divorced." We want to return this oath for him so that the marital life continues.
The Shaykh : This is not an oath of divorce. You are saying, "My soul, you are divorced." This is not an oath. An oath of divorce is when he says: "Divorce is upon me if I do such and such." That is an oath. But if he says to her, "You are divorced" ...
The questioner : Yes, he said to her, "You are divorced," and he was angry at the time.
The Shaykh : This is not an oath of divorce. May Allah guide you. You must distinguish between an oath of divorce and divorce.
The questioner : He meant that in a moment of intensity, he said to her, "You are divorced."
The Shaykh : What are we talking about, people? We must distinguish between an oath by divorce and divorce.
The questioner : I mean, it is not valid?
Another questioner : My brother, what did he say? He said exactly what the Shaykh [referring to the Prophet or a scholar] said. "You are divorced," and that is it.
The questioner : He said to her, "You are divorced."
The student : That is it.
The Shaykh : If he said to her, "You are divorced," and he bore witness to the divorce with witnesses.
The questioner : No, there were no witnesses.
The Shaykh : So is it effective or not effective?
The questioner : Thank you.
The Shaykh : ... .
The Shaykh : This is not an oath of divorce. You are saying, "My soul, you are divorced." This is not an oath. An oath of divorce is when he says: "Divorce is upon me if I do such and such." That is an oath. But if he says to her, "You are divorced" ...
The questioner : Yes, he said to her, "You are divorced," and he was angry at the time.
The Shaykh : This is not an oath of divorce. May Allah guide you. You must distinguish between an oath of divorce and divorce.
The questioner : He meant that in a moment of intensity, he said to her, "You are divorced."
The Shaykh : What are we talking about, people? We must distinguish between an oath by divorce and divorce.
The questioner : I mean, it is not valid?
Another questioner : My brother, what did he say? He said exactly what the Shaykh [referring to the Prophet or a scholar] said. "You are divorced," and that is it.
The questioner : He said to her, "You are divorced."
The student : That is it.
The Shaykh : If he said to her, "You are divorced," and he bore witness to the divorce with witnesses.
The questioner : No, there were no witnesses.
The Shaykh : So is it effective or not effective?
The questioner : Thank you.
The Shaykh : ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
