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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the guidance for one who frequently swears by divorce

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Question:
A message was received for the program from the listener Kheir Allah Dirham A'id, Abu al-Tum, from the Arab Republic of Egypt. He says: I have a relative who has been married for thirty years, and he frequently swears by divorce over anything. He says to his wife: "If you do not do such-and-such, you are forbidden to me," or he says: "A divorce from you is necessary; you must do such-and-such," even though he does not intend to divorce her, but rather out of extreme anger. So what is the guidance of Your Eminence?
May Allah reward you with good.

Answer:
It is prescribed that this man be advised and taught so that he abandons this behavior and does not use divorce or prohibition. He should be advised and directed toward good. As for whether the divorce takes effect or not, this is a matter of consideration. If his intention is to threaten, prevent, and frighten, then he owes the expiation for an oath, and the divorce does not take effect. If she defies him and he says, "If you do such-and-such, you are divorced" or "you are forbidden," and she defies him, while his intention is to threaten, warn, and frighten, then he owes the expiation for an oath. This is feeding ten poor people or clothing them. Each of the ten is given half a sa' (a dry measure of about 3 kg), meaning one and a half kilograms of wheat, or rice, or dates. Or he may feed them at home, or feed them at a restaurant, and there is no harm in that. Or he may give them clothing, meaning for ten people. This is the expiation for the oath, and this is what should be done. However, he should be advised not to engage in these matters, but rather to handle issues without divorce and without prohibition, using kind words, encouragement, and warning, without divorce and without prohibition.
If he divorces with the intention of effecting the divorce, the divorce takes effect if she violates his condition, and the prohibition takes effect if she violates his condition. But if the intention is only to threaten her, warn her, and frighten her, and his intention is not divorce, then this is as mentioned before. He owes the expiation for an oath upon violation. If she defies him and does not carry out what he said, he owes the expiation for an oath, which is feeding ten poor people, or clothing them, or freeing a slave. If he is unable and poor and cannot do so, he fasts for three days. 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.

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