The ruling on one who swore to a person with divorce that he would not do something, and then he did it
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This is a letter that came to the program from Yusuf Muhammad Ba Bakr al-Sudani, residing in the Kingdom in Turbah... He says: I swore a year ago with the word of divorce, and that was regarding my nephew, who wanted to go to a place I did not want him to go to. He refused to return, and the estrangement continued between us for a full year, and then he sent me...
The Shaykh: What did he say? Repeat it?
The presenter: He said: "Upon me is divorce," and he wants to prevent his nephew...
The Shaykh: Read it as he said it?
The presenter: "With the word of divorce, neither my hand nor your hand if you do not return with me." And that was regarding my nephew, who wanted to go to a place I did not want him to go to. He refused to return with me, and the estrangement continued for a full year with no greeting or speech between us. After that, my nephew sent a letter asking me to forgive him. When I read the letter, I was moved and I forgave him. I inform you that I am married to two women. Does the divorce take effect on both of them, or on one? Please inform us, may Allah reward you with good?
Answer: This requires detail. If you intended by this divorce to prevent him from going to the place you wanted to prevent him from going to, and to make him return to your word, and your intention was not to effectuate the divorce, but rather you intended to frighten him and be strict with him so that perhaps he would agree and perhaps he would leave what you wanted him to leave, then its ruling is the ruling of an oath, and upon you is the expiation of the oath in forgiving him, and the divorce does not take effect on both your wives, if the intention behind this was to urge him to return to your word and leave what he intended, and your intention was not to effectuate the divorce on your wives, then its ruling is the ruling of an oath. But if you intended by that to effectuate the divorce, and that whenever you forgive him and leave what you said for, the divorce takes effect on your wives, then you are upon your intention. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1.
So if you intended to effectuate the divorce, then the divorce takes effect on both your wives, except if you intended one of them, then you are also upon your intention. But if the intention was to frighten him and warn him from this action, and you did not intend that whenever he did this action, you would not reconcile with him, and that whenever you reconciled with him, the divorce would take effect on your wives, if you intended this, then you are upon your intention regarding the effectuation of the divorce. And if you did not intend that, but rather you intended and wanted to prevent him from this action, and frighten him so that he would not do it, and you did not intend to effectuate the divorce on your wives, then actions are by intentions, and upon you is the expiation of the oath, and the divorce does not take effect.
The presenter: May Allah reward you.
The Shaykh: What did he say? Repeat it?
The presenter: He said: "Upon me is divorce," and he wants to prevent his nephew...
The Shaykh: Read it as he said it?
The presenter: "With the word of divorce, neither my hand nor your hand if you do not return with me." And that was regarding my nephew, who wanted to go to a place I did not want him to go to. He refused to return with me, and the estrangement continued for a full year with no greeting or speech between us. After that, my nephew sent a letter asking me to forgive him. When I read the letter, I was moved and I forgave him. I inform you that I am married to two women. Does the divorce take effect on both of them, or on one? Please inform us, may Allah reward you with good?
Answer: This requires detail. If you intended by this divorce to prevent him from going to the place you wanted to prevent him from going to, and to make him return to your word, and your intention was not to effectuate the divorce, but rather you intended to frighten him and be strict with him so that perhaps he would agree and perhaps he would leave what you wanted him to leave, then its ruling is the ruling of an oath, and upon you is the expiation of the oath in forgiving him, and the divorce does not take effect on both your wives, if the intention behind this was to urge him to return to your word and leave what he intended, and your intention was not to effectuate the divorce on your wives, then its ruling is the ruling of an oath. But if you intended by that to effectuate the divorce, and that whenever you forgive him and leave what you said for, the divorce takes effect on your wives, then you are upon your intention. The Prophet (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىSo if you intended to effectuate the divorce, then the divorce takes effect on both your wives, except if you intended one of them, then you are also upon your intention. But if the intention was to frighten him and warn him from this action, and you did not intend that whenever he did this action, you would not reconcile with him, and that whenever you reconciled with him, the divorce would take effect on your wives, if you intended this, then you are upon your intention regarding the effectuation of the divorce. And if you did not intend that, but rather you intended and wanted to prevent him from this action, and frighten him so that he would not do it, and you did not intend to effectuate the divorce on your wives, then actions are by intentions, and upon you is the expiation of the oath, and the divorce does not take effect.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.