The ruling on swearing by divorce over something one believes to be true, which then turns out to be otherwise
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Question:
The first message in this episode was sent to the program by a listener (M. S. Mahmoud), an Egyptian working in Iraq at the time he wrote the message. In his message, he says: I am residing in a country other than my own. One day, a dispute arose between me and a man over a certain issue, so I swore an oath of divorce contrary to what the man was saying. However, it was later established that the man was right. I became confused about the issue of the divorce oath. I asked one person, and he said: As long as you are far from your wife, the oath does not take effect on you. Since doubt still lingers in my mind, I hope to receive guidance from you. May Allah reward you with good.
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 long as you believed at the time of the divorce that you were correct, then you owe nothing, and the divorce does not take effect. Rather, it is in the category of idle talk. Because if a person swears about something he believes to have occurred, and he believes in the truth of his own statement, or that is what he is most confident of, then nothing is required of him. So if he says: By Allah! So-and-so has arrived, or By Allah! So-and-so has died, and he believes in the truth of what he said, and then the error in his oath becomes apparent, he owes nothing in it; there is no expiation upon him. Likewise, if he says: I am divorced if this thing happens, or he says: This thing has happened, believing that it is true without intending to lie, then his divorce does not take effect. And you, O questioner, the divorce does not take effect on you if you believed in the truth of what you said. Yes.
The presenter : May Allah reward you with good.
The first message in this episode was sent to the program by a listener (M. S. Mahmoud), an Egyptian working in Iraq at the time he wrote the message. In his message, he says: I am residing in a country other than my own. One day, a dispute arose between me and a man over a certain issue, so I swore an oath of divorce contrary to what the man was saying. However, it was later established that the man was right. I became confused about the issue of the divorce oath. I asked one person, and he said: As long as you are far from your wife, the oath does not take effect on you. Since doubt still lingers in my mind, I hope to receive guidance from you. May Allah reward you with good.
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 long as you believed at the time of the divorce that you were correct, then you owe nothing, and the divorce does not take effect. Rather, it is in the category of idle talk. Because if a person swears about something he believes to have occurred, and he believes in the truth of his own statement, or that is what he is most confident of, then nothing is required of him. So if he says: By Allah! So-and-so has arrived, or By Allah! So-and-so has died, and he believes in the truth of what he said, and then the error in his oath becomes apparent, he owes nothing in it; there is no expiation upon him. Likewise, if he says: I am divorced if this thing happens, or he says: This thing has happened, believing that it is true without intending to lie, then his divorce does not take effect. And you, O questioner, the divorce does not take effect on you if you believed in the truth of what you said. 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.