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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who swore by divorce to his wife that he would divorce her without specifying when he would divorce her

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The first message received is from Muhammad al-Baz, an Egyptian national working in Jordan. He says: “I have been married for ten years and have three children, but I have made oaths of divorce regarding her. One oath was that if I do not marry, even if it is the last day of my life, I will divorce her. He says: ‘I was angry and did not realize how I made this oath. After twenty days, I made another oath of divorce to my wife that I would divorce her, without specifying when I would divorce her. I was angry and did not realize how I made this oath. Please advise us, may Allah reward you, even though I will not divorce her and will not remarry, may Allah bless you?’”
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and the final outcome belongs to the righteous. And may prayers and peace be upon His servant, messenger, chosen one from among His creation, and His trustee over His revelation, our Prophet, our Imam, and our master Muhammad ibn 'Abd Allah, and upon his family and his Companions, and whoever follows his path and is guided by his guidance until the Day of Judgment.
As for what follows: This divorce, where you say “if you marry” and “if you divorce,” involves a distinction. If you intended to separate from her and effect the divorce if you do not marry, then one divorce takes place at the end of your life, and you have the right to take her back. Nothing takes place now because you said “even if it is the last day of your life.” So if the end of life comes, shortly before you die, the divorce takes place if you intended to effect the divorce. However, if you did not intend to effect the divorce, but rather intended to urge yourself to marry or to upset your wife, and you did not intend to effect the divorce but only to urge yourself to marry, then this is in the ruling of an oath, and you owe the expiation for an oath, which is sufficient. Or feeding ten poor people or clothing them. Likewise, your statement “divorce is upon you” that you will divorce her: if your intention was to urge yourself to divorce and not to effect the divorce if you do not divorce, then you owe the expiation for an oath as mentioned before: feeding ten poor people or clothing them. Ten people, each poor person receives half a sa' of dates, rice, or other staple food of the country. However, if you intended to effect the divorce at a specific time you had in mind if you did not divorce her, then she is divorced by that intention. One divorce takes place if you intended that; otherwise, the obligatory thing is the expiation for an oath. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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