Ruling on the one who says to his wife: Go to your family . . .
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Question:
The listener (A. A.) from the Arab Republic of Egypt, who was working in the Kingdom when he sent the message, says: If a man says to his wife when he is angry with her: "Go to your family," or "When we return to our country, each of us will go his own way," or "You are with your family, and I am with my family," does this count as a divorce? And if it is repeated more than once, for example, if it is said three times, is his wife considered divorced and separated, knowing that if he had wanted to divorce her, he would have said: "I divorce you," or "You are divorced"? Likewise, if he is unaware of those phrases, such as: "Go to your family," or "I do not want you," or the like?
Answer:
As long as he did not intend divorce, he owes nothing. He must have an intention; for the Prophet (peace and blessings be upon him) said: So if, when he said this speech: "Go to your family," or "Each of us will go his own way," or the like, he did not intend divorce, it does not take effect as a divorce. Actions are by intentions.
As for if he intended divorce; then it takes effect as one divorce with his saying: "Go to your family," or "Each of us will go his own way when we reach the town," if his intention was the divorce; the divorce is one divorce, or "You are not in my protection," or "I have no right over you," or the like, and his intention is divorce; it is one divorce.
As for if he did not intend divorce, but intended something else; then it is according to his intention; for his saying (peace and blessings be upon him):Sahih al-Bukhari 1 And if he said: "I intend to divorce you," or "When I come to the town, I will divorce you," this does not become a divorce. This is a promise, or a threat. So when he comes to the town, he is at his option; whenever he wishes to divorce, he divorces. Yes.
The presenter : May Allah reward you with good.
The listener (A. A.) from the Arab Republic of Egypt, who was working in the Kingdom when he sent the message, says: If a man says to his wife when he is angry with her: "Go to your family," or "When we return to our country, each of us will go his own way," or "You are with your family, and I am with my family," does this count as a divorce? And if it is repeated more than once, for example, if it is said three times, is his wife considered divorced and separated, knowing that if he had wanted to divorce her, he would have said: "I divorce you," or "You are divorced"? Likewise, if he is unaware of those phrases, such as: "Go to your family," or "I do not want you," or the like?
Answer:
As long as he did not intend divorce, he owes nothing. He must have an intention; for the Prophet (peace and blessings be upon him) said:
Actions are only by intentions
إنما الأعمال بالنياتAs for if he intended divorce; then it takes effect as one divorce with his saying: "Go to your family," or "Each of us will go his own way when we reach the town," if his intention was the divorce; the divorce is one divorce, or "You are not in my protection," or "I have no right over you," or the like, and his intention is divorce; it is one divorce.
As for if he did not intend divorce, but intended something else; then it is according to his intention; for his saying (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىThe presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
