I swore by divorce that if I make a divorce oath, it will not be considered; is this permissible?
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Question:
The first message in this episode is from a listener who identified himself by the letters (J. F. 'A. S.). He has two questions. In his first question, he says: I swore by divorce between myself and myself that if any divorce oath is made regarding my wife and this oath is fulfilled, it will not be considered a divorce. Is this permissible?
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 blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Swearing by divorce means: swearing by a divorce that is conditional upon something, with the intention of prohibition, encouragement, verification, or denial. This is called an oath of divorce. If a man says, "Let divorce be upon me if I do not speak to so-and-so," or "Let divorce be upon me if I do not eat so-and-so's food," or "Let divorce be upon me if I do not travel," or "Let divorce be upon me if my wife does not go to so-and-so's house," and his intention is prohibition—prohibiting speech, travel, or going out—this is called an oath. Similarly, if he says, "Let divorce be upon me if I speak to so-and-so," "Let divorce be upon me if you go to so-and-so, O so-and-so," or "Let divorce be upon me if he travels for such-and-such," and his intention is encouragement—encouraging himself to do this thing, and not intending to effect a divorce—all of this is called an oath. It carries the expiation for an oath, and no divorce takes place if he violates it, because he did not intend divorce, but rather intended to encourage himself, or prohibit himself, or encourage his wife or prohibit her. This is called an oath by the scholars, and the correct view among the precise scholars is that no divorce takes place if he does what he swore to leave, or leaves what he swore to do. He owes the expiation for an oath, based on hadiths reported from the Prophet (peace and blessings be upon him) regarding this. The point is: this is called an oath, and no divorce takes place by it.
As for when divorce is conditional upon an act with the intention of effecting the divorce, or upon an act that involves no encouragement, prohibition, verification, or denial, such as if he says, "Let divorce be upon so-and-so if Ramadan enters," or "Let divorce be upon so-and-so if so-and-so arrives," and his intention is to condition the divorce, then the divorce takes place upon its condition. So his statement, "Let divorce be upon me if I do not divorce so-and-so," if his intention is to prohibit himself from divorcing her, then if he intends to divorce, he owes the expiation for an oath. But if his intention is to effect the divorce, and that if he divorces, the divorce takes place, then the divorce takes place like other similar issues.
The conclusion is: this returns to his intention. If he intended to effect the divorce, the divorce takes place. If he intended to prohibit himself or encourage himself to do something, it has the ruling of an oath, and he owes the expiation for an oath. Yes.
The presenter: May Allah reward you with good, and may He do you good.
The first message in this episode is from a listener who identified himself by the letters (J. F. 'A. S.). He has two questions. In his first question, he says: I swore by divorce between myself and myself that if any divorce oath is made regarding my wife and this oath is fulfilled, it will not be considered a divorce. Is this permissible?
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 blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Swearing by divorce means: swearing by a divorce that is conditional upon something, with the intention of prohibition, encouragement, verification, or denial. This is called an oath of divorce. If a man says, "Let divorce be upon me if I do not speak to so-and-so," or "Let divorce be upon me if I do not eat so-and-so's food," or "Let divorce be upon me if I do not travel," or "Let divorce be upon me if my wife does not go to so-and-so's house," and his intention is prohibition—prohibiting speech, travel, or going out—this is called an oath. Similarly, if he says, "Let divorce be upon me if I speak to so-and-so," "Let divorce be upon me if you go to so-and-so, O so-and-so," or "Let divorce be upon me if he travels for such-and-such," and his intention is encouragement—encouraging himself to do this thing, and not intending to effect a divorce—all of this is called an oath. It carries the expiation for an oath, and no divorce takes place if he violates it, because he did not intend divorce, but rather intended to encourage himself, or prohibit himself, or encourage his wife or prohibit her. This is called an oath by the scholars, and the correct view among the precise scholars is that no divorce takes place if he does what he swore to leave, or leaves what he swore to do. He owes the expiation for an oath, based on hadiths reported from the Prophet (peace and blessings be upon him) regarding this. The point is: this is called an oath, and no divorce takes place by it.
As for when divorce is conditional upon an act with the intention of effecting the divorce, or upon an act that involves no encouragement, prohibition, verification, or denial, such as if he says, "Let divorce be upon so-and-so if Ramadan enters," or "Let divorce be upon so-and-so if so-and-so arrives," and his intention is to condition the divorce, then the divorce takes place upon its condition. So his statement, "Let divorce be upon me if I do not divorce so-and-so," if his intention is to prohibit himself from divorcing her, then if he intends to divorce, he owes the expiation for an oath. But if his intention is to effect the divorce, and that if he divorces, the divorce takes place, then the divorce takes place like other similar issues.
The conclusion is: this returns to his intention. If he intended to effect the divorce, the divorce takes place. If he intended to prohibit himself or encourage himself to do something, it has the ruling of an oath, and he owes the expiation for an oath. Yes.
The presenter: May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.