When does the ruling of an oath of divorce apply the ruling of an oath?
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The question: We move on to a message received by the program from one of our brothers. He says: Abdullah Muhammad Hilal, our brother. His message is actually long, but it tells the story of an oath of divorce. May I ask the Shaykh’s permission to read it as it was sent?
He says: In a moment of anger and agitation, I said to my wife, who was the cause of this anger: “I divorce you if you go to school tomorrow,” and I repeated this three times. I did not know what to say, and I did not intend divorce at all; because I hate it and do not know its rulings. Rather, I wanted to prevent her from going to school, as she works as a teacher, and it was the night before the first day of the school year. In the morning, my wife insisted that it was necessary to go to school, especially on the first day of the school year. So I was forced to take her to school, and I was full of fear of Allah; because I do not know exactly the ruling of what I said: is it an oath of divorce or not? By asking some of the brothers who are knowledgeable in religion about the ruling of that, some of them informed me that this is an oath by other than Allah and requires expiation, which is: feeding ten poor people, or clothing them, or fasting three consecutive days. I have already expiated for this oath by feeding ten poor people. Please inform us, may Allah reward you with good, is what I did, which is feeding ten poor people, valid and sufficient, and that this oath is an oath by other than Allah? Or is it considered an oath of divorce? I seek Allah’s forgiveness. I am living in fear, panic, and terrible psychological conflict. I fear that I am living with my wife in a state of prohibition, and that what happened is considered an oath of divorce. Knowing that I regretted it greatly, repented to Allah, and resolved never to return to that. I call upon Allah to bless you and increase the number of people like you. And peace be upon you and Allah’s mercy?
The answer: This divorce has the ruling of an oath, as long as you intended to prevent her and did not want to effect the divorce, but rather intended to prevent her from going to school. Then its ruling is the ruling of an oath. You have performed the expiation, and praise be to Allah. There is no blame on you according to the most correct opinion of the scholars. It is not considered in the ruling of an oath by other than Allah, meaning: it would be shirk (associating partners with Allah). No. It is not in the ruling of an oath by other than Allah, but it has the ruling of an oath only in terms of expiation. You should not return to it; because many of the scholars of knowledge consider that the divorce takes place with it. You should not return to that.
And as for the correct view: it is what you did, which is the expiation. This is the correct view, that the expiation is sufficient in it; because you did not want to effect the divorce, but rather you wanted to prevent your wife from going to school. In this, the expiation of the oath is sufficient, which is feeding ten poor people or clothing them, and you have done that. But whoever is unable to feed, clothe, or free a slave, he fasts three days; because the expiation involves a choice and a sequence. The choice is freeing a slave, or feeding ten poor people, or clothing them. Whichever one of these three he performs is sufficient. If he is unable to perform all three, he fasts three days.
But just as mentioned earlier, this does not have the ruling of an oath by other than Allah in the sense that it is shirk, as if one says: “By the Prophet” or “By the trust,” or “By the Prophet.” This is shirk and is not permissible. As for saying: “I divorce you” or “It is haram (forbidden) for me,” it does not have the ruling of an oath by other than Allah, but it is not something that should be done. Especially regarding haram, it is not permissible for a person to make haram what Allah has made halal. And upon him is the expiation of the oath if he intended to prevent the one he swore about, preventing his wife or preventing someone else. For example, he says: “It is haram for me if I speak to so-and-so,” “I divorce you if I speak to so-and-so,” “I divorce you if you, so-and-so, go to such and such.” All of this has the ruling of an oath if he intended prevention. Yes.
The presenter: May Allah bless you. If we assume that some marital intercourse occurred before the expiation of the oath?
The Shaykh: There is no blame. The expiation, if Allah wills, he may perform it early or delay it. Yes.
The presenter: May Allah reward you with good.
He says: In a moment of anger and agitation, I said to my wife, who was the cause of this anger: “I divorce you if you go to school tomorrow,” and I repeated this three times. I did not know what to say, and I did not intend divorce at all; because I hate it and do not know its rulings. Rather, I wanted to prevent her from going to school, as she works as a teacher, and it was the night before the first day of the school year. In the morning, my wife insisted that it was necessary to go to school, especially on the first day of the school year. So I was forced to take her to school, and I was full of fear of Allah; because I do not know exactly the ruling of what I said: is it an oath of divorce or not? By asking some of the brothers who are knowledgeable in religion about the ruling of that, some of them informed me that this is an oath by other than Allah and requires expiation, which is: feeding ten poor people, or clothing them, or fasting three consecutive days. I have already expiated for this oath by feeding ten poor people. Please inform us, may Allah reward you with good, is what I did, which is feeding ten poor people, valid and sufficient, and that this oath is an oath by other than Allah? Or is it considered an oath of divorce? I seek Allah’s forgiveness. I am living in fear, panic, and terrible psychological conflict. I fear that I am living with my wife in a state of prohibition, and that what happened is considered an oath of divorce. Knowing that I regretted it greatly, repented to Allah, and resolved never to return to that. I call upon Allah to bless you and increase the number of people like you. And peace be upon you and Allah’s mercy?
The answer: This divorce has the ruling of an oath, as long as you intended to prevent her and did not want to effect the divorce, but rather intended to prevent her from going to school. Then its ruling is the ruling of an oath. You have performed the expiation, and praise be to Allah. There is no blame on you according to the most correct opinion of the scholars. It is not considered in the ruling of an oath by other than Allah, meaning: it would be shirk (associating partners with Allah). No. It is not in the ruling of an oath by other than Allah, but it has the ruling of an oath only in terms of expiation. You should not return to it; because many of the scholars of knowledge consider that the divorce takes place with it. You should not return to that.
And as for the correct view: it is what you did, which is the expiation. This is the correct view, that the expiation is sufficient in it; because you did not want to effect the divorce, but rather you wanted to prevent your wife from going to school. In this, the expiation of the oath is sufficient, which is feeding ten poor people or clothing them, and you have done that. But whoever is unable to feed, clothe, or free a slave, he fasts three days; because the expiation involves a choice and a sequence. The choice is freeing a slave, or feeding ten poor people, or clothing them. Whichever one of these three he performs is sufficient. If he is unable to perform all three, he fasts three days.
But just as mentioned earlier, this does not have the ruling of an oath by other than Allah in the sense that it is shirk, as if one says: “By the Prophet” or “By the trust,” or “By the Prophet.” This is shirk and is not permissible. As for saying: “I divorce you” or “It is haram (forbidden) for me,” it does not have the ruling of an oath by other than Allah, but it is not something that should be done. Especially regarding haram, it is not permissible for a person to make haram what Allah has made halal. And upon him is the expiation of the oath if he intended to prevent the one he swore about, preventing his wife or preventing someone else. For example, he says: “It is haram for me if I speak to so-and-so,” “I divorce you if I speak to so-and-so,” “I divorce you if you, so-and-so, go to such and such.” All of this has the ruling of an oath if he intended prevention. Yes.
The presenter: May Allah bless you. If we assume that some marital intercourse occurred before the expiation of the oath?
The Shaykh: There is no blame. The expiation, if Allah wills, he may perform it early or delay it. 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.
