Oath by divorce and prohibition against something happening, and it happened; does the divorce take effect?
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Question:
If a person says: By prohibition, by divorce—and several times over—so-and-so will not marry so-and-so, and the marriage takes place; does the divorce fall upon him?
Answer:
This varies according to his intention. If he says: Divorce is upon me if so-and-so marries so-and-so, first of all, it is not permissible to swear by divorce, and it is not permissible to swear by prohibition; it is not permissible. The oath is made by Allah alone. It is not permissible for anyone to swear by divorce, or by prohibition, or by trust, or by the Prophet, or by the head of so-and-so, or by the honor of so-and-so, or by the life of so-and-so; all of this is not permissible. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2679 And he (peace and blessings be upon him) said: Musnad Ahmad 329Sahih (Darussalam).
But if his intention is, meaning, that divorce is upon him, that prohibition is upon him, that so-and-so does not marry so-and-so, and his intention is to prevent it, then if this happens, he owes the expiation for an oath. Its ruling is the ruling of an oath. If they do not obey him and marry him off... by divorce, by prohibition, so-and-so will not marry so-and-so; he owes the expiation for an oath, and the divorce does not take effect in the most correct opinion of the scholars of knowledge, if his intention was prevention.
As for if his intention is that the divorce takes effect, and the prohibition, if his intention is by divorce that if so-and-so marries so-and-so, his intention is that if he marries her, she is divorced, or his intention is that it is forbidden for him... this, and he wants her to become forbidden to him, or to be divorced; then he is upon his intention, so he is upon what he intended, yes.
The presenter: May Allah reward you with good.
If a person says: By prohibition, by divorce—and several times over—so-and-so will not marry so-and-so, and the marriage takes place; does the divorce fall upon him?
Answer:
This varies according to his intention. If he says: Divorce is upon me if so-and-so marries so-and-so, first of all, it is not permissible to swear by divorce, and it is not permissible to swear by prohibition; it is not permissible. The oath is made by Allah alone. It is not permissible for anyone to swear by divorce, or by prohibition, or by trust, or by the Prophet, or by the head of so-and-so, or by the honor of so-and-so, or by the life of so-and-so; all of this is not permissible. The Prophet (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفًا؛ فليحلف بالله، أو ليصمتwhoever swears by anything other than Allah has committed an act of shirk.
من حلف بشيءٍ دون الله؛ فقد أشركBut if his intention is, meaning, that divorce is upon him, that prohibition is upon him, that so-and-so does not marry so-and-so, and his intention is to prevent it, then if this happens, he owes the expiation for an oath. Its ruling is the ruling of an oath. If they do not obey him and marry him off... by divorce, by prohibition, so-and-so will not marry so-and-so; he owes the expiation for an oath, and the divorce does not take effect in the most correct opinion of the scholars of knowledge, if his intention was prevention.
As for if his intention is that the divorce takes effect, and the prohibition, if his intention is by divorce that if so-and-so marries so-and-so, his intention is that if he marries her, she is divorced, or his intention is that it is forbidden for him... this, and he wants her to become forbidden to him, or to be divorced; then he is upon his intention, so he is upon what he intended, 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.