The ruling on one who swears by divorce or by making something forbidden regarding what he doubts
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Question:
A letter reached the program from Doha, Qatar. The sender of the letter is a listener from there, saying: (E. N. F.) asks and says: I had a dispute with my cousin’s son, and the reason was his statement: “You said to my family such and such.” I do not know whether I said this or not. I said: “My wife is forbidden to me by the fact that I did not say this.” After he left, I began to think whether my wife is lawful or divorced, even though I do not know whether I said the words my cousin’s son mentioned or not. Today I am in confusion. Guide us, may Allah reward you with the best reward.
Answer:
If you said that with the intention that he would excuse you and believe you, and you did not intend to make your family forbidden or divorce your family, but rather you said it so he would believe you and excuse you and the dispute between you would end, then there is no divorce or prohibition upon you. However, you must pay the expiation for an oath, which is feeding ten poor people, or clothing them, or freeing a slave. This is what is obligatory in such a case. In the most correct of the scholars’ opinions, if the intention behind the prohibition or divorce is to encourage, to prevent, to verify, or to deny, and the intention is not to make the wife forbidden or divorce her, but rather the one who pronounces the divorce or prohibition intended to verify his brother or prevent him from something or encourage him to do something, then an oath expiation is obligatory upon him. So if you intended by that that he would believe you, that the dispute would end, and that you would please him with what you said.
And if you do not know the reality of the matter, then in this case, you only have to pay the expiation for an oath, and the divorce does not take effect, nor does the prohibition take effect. Yes.
The presenter: May Allah reward you with good.
A letter reached the program from Doha, Qatar. The sender of the letter is a listener from there, saying: (E. N. F.) asks and says: I had a dispute with my cousin’s son, and the reason was his statement: “You said to my family such and such.” I do not know whether I said this or not. I said: “My wife is forbidden to me by the fact that I did not say this.” After he left, I began to think whether my wife is lawful or divorced, even though I do not know whether I said the words my cousin’s son mentioned or not. Today I am in confusion. Guide us, may Allah reward you with the best reward.
Answer:
If you said that with the intention that he would excuse you and believe you, and you did not intend to make your family forbidden or divorce your family, but rather you said it so he would believe you and excuse you and the dispute between you would end, then there is no divorce or prohibition upon you. However, you must pay the expiation for an oath, which is feeding ten poor people, or clothing them, or freeing a slave. This is what is obligatory in such a case. In the most correct of the scholars’ opinions, if the intention behind the prohibition or divorce is to encourage, to prevent, to verify, or to deny, and the intention is not to make the wife forbidden or divorce her, but rather the one who pronounces the divorce or prohibition intended to verify his brother or prevent him from something or encourage him to do something, then an oath expiation is obligatory upon him. So if you intended by that that he would believe you, that the dispute would end, and that you would please him with what you said.
And if you do not know the reality of the matter, then in this case, you only have to pay the expiation for an oath, and the divorce does not take effect, nor does the prohibition take effect. 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.