Clarification and Advice Regarding Not Rushing to Swear an Oath of Divorce
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He also asks and says: I have a daughter whom I contracted to a man. There was a promise between me, him, and my daughter, but he broke the promise before consummating the marriage. This made my anger toward him intensify, and my daughter’s anger as well. I was forced to say: “By divorce, you will not be his wife.” Please advise us, may Allah reward you.
Answer: This requires detailed explanation: If the promise was that he would pray, be upright, and repent to Allah from his bad deeds, then this promise must be demanded. If he repents, becomes upright, and returns to Allah, then you must fulfill the marriage for him if he left off prayer after the marriage. However, if he left off prayer before the marriage, the contract is not valid according to the most correct opinion of the scholars; because it is not permissible to marry a Muslim woman who prays to a man who does not pray, according to the most correct opinion of the people of knowledge.
As for if the promise was that he would leave off intoxicants or leave off another matter that is not forbidden, this is a matter of consideration. It is possible to reconcile between you and him and urge him to repent from his disobedience, so that perhaps he will repent and become upright.
As for your divorce, it requires detailed explanation: If you intended to prevent her from remaining with him and did not intend to effect the divorce, but rather intended to prevent her so that she would be deterred when she heard the divorce, then you owe an expiation for the oath, and the divorce does not take place. However, if you intended to effect the divorce if you returned her to him, then it takes place upon you as one divorce on your wife. One divorce takes place on the wife with this. You may take her back as long as she is in the waiting period, if you had not divorced her twice before this. We advise you not to rush in matters, and not to divorce except with clear insight. If you become angry, say: “I seek refuge in Allah from the accursed Shaytan,” and do not rush in matters. We ask Allah for guidance and success for everyone.
The presenter: May Allah reward you.
Answer: This requires detailed explanation: If the promise was that he would pray, be upright, and repent to Allah from his bad deeds, then this promise must be demanded. If he repents, becomes upright, and returns to Allah, then you must fulfill the marriage for him if he left off prayer after the marriage. However, if he left off prayer before the marriage, the contract is not valid according to the most correct opinion of the scholars; because it is not permissible to marry a Muslim woman who prays to a man who does not pray, according to the most correct opinion of the people of knowledge.
As for if the promise was that he would leave off intoxicants or leave off another matter that is not forbidden, this is a matter of consideration. It is possible to reconcile between you and him and urge him to repent from his disobedience, so that perhaps he will repent and become upright.
As for your divorce, it requires detailed explanation: If you intended to prevent her from remaining with him and did not intend to effect the divorce, but rather intended to prevent her so that she would be deterred when she heard the divorce, then you owe an expiation for the oath, and the divorce does not take place. However, if you intended to effect the divorce if you returned her to him, then it takes place upon you as one divorce on your wife. One divorce takes place on the wife with this. You may take her back as long as she is in the waiting period, if you had not divorced her twice before this. We advise you not to rush in matters, and not to divorce except with clear insight. If you become angry, say: “I seek refuge in Allah from the accursed Shaytan,” and do not rush in matters. We ask Allah for guidance and success for everyone.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.