Ruling on the one who says to his wife, “If you go out without my permission, you are divorced”
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Question:
A message was received for the program from Iraq, sent by a listener from there who says: I am your brother in Islam (J. A. Sh.) from the Arab Republic of Egypt, Fayoum Governorate, and I am currently working in the Iraqi Republic. I am married to my cousin. Before I traveled to Iraq, I said to her: If you go out of the house while I am absent and without my permission—and I mean her leaving the house, which is her traveling to Cairo—no matter what the circumstances, if she goes to Cairo; because her mother was ill, according to her account. What is your opinion on what I said? May Allah reward you with good.
Answer:
If your intention was to prevent her from going out, and your intention was not divorce, but rather your intention was to prevent her and threaten her and frighten her; then you owe an oath expiation, and that is sufficient. It is feeding ten poor people, or clothing them, or freeing a slave. Whoever is unable to do that fasts for three days, as mentioned previously.
As for if your intention was to divorce her; then one divorce takes effect on her by that, and you can take her back. You bear witness with two (witnesses) that you have taken back your wife so-and-so, if she had not been divorced twice before this. A person is held accountable for his words. So if your intention was divorce; then actions are by intentions. If you said: If you go out to your mother, or if you go out of my house; you are divorced, and your intention was to effect the divorce; then one divorce takes effect, and you may take her back if you wish as long as she is in the waiting period, by saying: I have taken back my wife so-and-so, or I have returned my wife so-and-so, and you bear witness with two of your good brothers that you have taken her back, and you return to your rights and your protection thereby, if you had not divorced her twice before this. As for if this divorce is the last one, the third; then she is forbidden to you except after a lawful husband, meaning: a lawful marriage, not a marriage for the purpose of re-permissibility, but a lawful marriage, and the husband must have intercourse with her. After the third divorce, she is not lawful except after a lawful husband, not by a marriage for the purpose of re-permissibility, but by a lawful marriage, and it is necessary with ..... that the husband have intercourse with her; because Allah the Exalted says: [al-Baqarah:230], meaning: the third [al-Baqarah:230], and the Prophet (peace and blessings be upon him), when the woman whose husband had divorced her with the final divorce asked him to return to him, said: Sahih al-Bukhari 5317, meaning: until the second husband has intercourse with you after the marriage. A marriage is necessary, and intercourse in the marriage is necessary, for the one who divorced his wife with the final third divorce. Yes.
The presenter: May Allah reward you with good.
A message was received for the program from Iraq, sent by a listener from there who says: I am your brother in Islam (J. A. Sh.) from the Arab Republic of Egypt, Fayoum Governorate, and I am currently working in the Iraqi Republic. I am married to my cousin. Before I traveled to Iraq, I said to her: If you go out of the house while I am absent and without my permission—and I mean her leaving the house, which is her traveling to Cairo—no matter what the circumstances, if she goes to Cairo; because her mother was ill, according to her account. What is your opinion on what I said? May Allah reward you with good.
Answer:
If your intention was to prevent her from going out, and your intention was not divorce, but rather your intention was to prevent her and threaten her and frighten her; then you owe an oath expiation, and that is sufficient. It is feeding ten poor people, or clothing them, or freeing a slave. Whoever is unable to do that fasts for three days, as mentioned previously.
As for if your intention was to divorce her; then one divorce takes effect on her by that, and you can take her back. You bear witness with two (witnesses) that you have taken back your wife so-and-so, if she had not been divorced twice before this. A person is held accountable for his words. So if your intention was divorce; then actions are by intentions. If you said: If you go out to your mother, or if you go out of my house; you are divorced, and your intention was to effect the divorce; then one divorce takes effect, and you may take her back if you wish as long as she is in the waiting period, by saying: I have taken back my wife so-and-so, or I have returned my wife so-and-so, and you bear witness with two of your good brothers that you have taken her back, and you return to your rights and your protection thereby, if you had not divorced her twice before this. As for if this divorce is the last one, the third; then she is forbidden to you except after a lawful husband, meaning: a lawful marriage, not a marriage for the purpose of re-permissibility, but a lawful marriage, and the husband must have intercourse with her. After the third divorce, she is not lawful except after a lawful husband, not by a marriage for the purpose of re-permissibility, but by a lawful marriage, and it is necessary with ..... that the husband have intercourse with her; because Allah the Exalted says:
If he divorces her
فَإِنْ طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُNo (you cannot remarry your first husband) till you taste the second husband and he tastes you (i.e. till he consummates his marriage with you).
لا، حتى تذوقي عسيلته، ويذوق عسيلتكThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.