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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Oath of divorce to prevent his wife from spending the night at her father's house

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This is a message from Sa'id al-Sayyid Hasan, from the Arab Republic of Egypt, residing in ...... in the Kingdom. He says: One day I quarreled with my wife and I said to her: "I swear by divorce, three times, that you will not spend the night here," meaning: in the marital home. But she insisted on staying due to a disagreement with her parents caused by me. I boycotted her for ten days, then I had intercourse with her. Do I have a sin upon me? Do I have to pay the expiation for an oath, or is this a divorce? Please advise us, may Allah reward you.
Answer: This divorce, and its like, differs according to the intention; because 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 نوى
Sahih al-Bukhari 1
So if your intention, O questioner, was to prevent her from spending the night, and you did not intend to effect a divorce, but rather you wanted to prevent her, warn her, and frighten her so that perhaps she would go out and spend the night outside the house, then its ruling is the ruling of an oath, and you must pay the expiation for the oath.
But if you intended to effect a divorce if she did not go out, then one divorce takes effect on her, and you have the right to take her back. Your intercourse with her with the intention of taking her back is a taking back, unless you had divorced her twice before this, in which case this would be the third, and she is not lawful to you again except after another husband; because Allah the Exalted said:
If he divorces herفَإِنْ طَلَّقَهَا
[al-Baqarah:230] meaning: the third
she is not lawful to him afterward until [after] she marries a husband other than himفَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُ
[al-Baqarah:230].
It is obligatory for you to look into this matter, and to fear Allah and be mindful of Him. If this divorce is the final one and there were two before it, and you intended to effect the divorce, then the three are complete. But if you did not intend to effect the divorce, and instead intended to compel her to leave, not stay overnight, and threaten her with divorce, then this has the ruling of an oath, according to the most correct of the scholars' opinions. And you owe the expiation for an oath, which is feeding ten poor people, giving each poor person half a sa' of the local staple food, whether dates, rice, wheat, or other local staple food; or clothing them, giving each one a shirt or a lower garment and a cloak; or freeing a slave. 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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