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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on swearing by divorce to prevent oneself from something

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The second message came from the State of Qatar, Doha, from Sa'd Humaid al-Shamri. He says in his message: I am a young man who has been married for three years. I traveled to my family in the Kingdom of Saudi Arabia, and when I finished my vacation with them, a quarrel broke out between me and my eldest brother, and he hit me. I traveled to my job, but before leaving, I said: "By Allah, and by divorce, I am not returning to this house as long as my brother is in this house." After three months, I traveled to my family, and when I arrived at the house, my eldest brother who had hit me came and embraced me, and he wept over what had happened, and I wept as well. He said to me: "Forgive me," and I forgave him. So, is my wife divorced from me? Please inform us, may Allah reward you.
Answer: As mentioned previously in detail: If you intended to prevent yourself from coming by divorce, and did not intend to effectuate divorce upon your wife, but rather intended to prevent yourself with this divorce so that you would not be lenient in this matter, and so that you would not return to them, then there is an expiation for the oath in this, and no divorce takes place upon your wife.
However, if you intended to effectuate divorce if you returned to your family's house and your brother was present, then one divorce takes place upon your wife. You may take her back as long as she is in the waiting period, provided you had not divorced her twice before this. And upon you is the expiation for the oath for your saying: "By Allah, I will not return." Upon you is the expiation for the oath.
And if you intended by the divorce to prevent yourself, then there is only the expiation for the oath in it. One expiation suffices for both the divorce and the oath; because your intention is one, which is not returning to your family's house. This is your intention with the divorce and the oath, so one expiation suffices. It is feeding ten poor people, or clothing them, or freeing a believing slave. If you are unable to do so, you fast for three days.
However, if you intended to effectuate divorce upon your wife if you returned to your family, then one divorce takes place upon her. You may take her back by witnessing two people that you are taking back your wife, as long as she is in the waiting period, before three menstrual cycles have passed for her.
This is the answer to your question. And praise be to Allah who reconciled you and your brother, and you both showed leniency. This is among the blessings of Allah, and praise be to Allah. May Allah improve your condition, both of you, and guide everyone to that which brings Him pleasure. And Allah knows best. 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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