The Ruling on Swearing by Divorce in the Absence of the Wife
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The question: He also says: If a person swears by divorce while he is in Riyadh, and his wife is in his home country, for some reason, for example, regarding a brother or a friend, as a form of politeness regarding eating or drinking, does this divorce take effect, and is it forbidden?
The answer: One should not play with divorce, nor should a person make it a habit in his speech and oaths. Rather, he should keep himself away from it and guard against it. If he mentions divorce in his speech, the matter is examined and varies. If he says, "It is divorce upon me if you eat," or "It is divorce upon me if you go with me to such and such," or "It is divorce upon me if you go with me to such a place," or "It is divorce upon me if you do not speak to so-and-so," and his intention is to prevent him from speaking, or his intention is to emphasize that he should eat from his food, and he did not intend divorce, then this has the ruling of an oath. He expiates for his oath with the expiation of an oath, and that is sufficient, and the divorce does not take effect on his wife, whether she is present or absent. Likewise, if he says, "It is divorce upon me if I do not travel," and his intention is to prevent himself from traveling, or "It is divorce upon me if I do not visit so-and-so," these and their like, if his intention is to prevent himself, or to urge himself to do something, the divorce does not take effect, but rather there is the expiation of an oath.
As for if his intention is... if he says, "It is divorce upon me if I visit so-and-so," and his intention is to separate from his family if he visits so-and-so, and he is determined to divorce, then the divorce takes effect as one divorce. If he had two previous divorces, the divorce is completed and she becomes forbidden to him. If he did not have two previous divorces, he has the right to take her back.
So the conclusion is that it varies according to his intention, due to the saying of the Prophet (peace and blessings be upon him): "Actions are by intentions." So whoever intends in his divorce to prevent something or to urge something, it is according to his intention, and he owes the expiation of an oath if his divorce is not executed, if the matter of his divorce is not completed if he breaks his oath. As for if he intended to effect the divorce, intending by "it is divorce upon me" that he will not eat such a thing, or "it is divorce upon me" that he will not speak to so-and-so, or "it is divorce upon me" that he will not travel, and he intends to effect the divorce, then whenever he speaks to him or travels or the like, it takes effect. He is held to his intention and the divorce takes effect. Yes.
The answer: One should not play with divorce, nor should a person make it a habit in his speech and oaths. Rather, he should keep himself away from it and guard against it. If he mentions divorce in his speech, the matter is examined and varies. If he says, "It is divorce upon me if you eat," or "It is divorce upon me if you go with me to such and such," or "It is divorce upon me if you go with me to such a place," or "It is divorce upon me if you do not speak to so-and-so," and his intention is to prevent him from speaking, or his intention is to emphasize that he should eat from his food, and he did not intend divorce, then this has the ruling of an oath. He expiates for his oath with the expiation of an oath, and that is sufficient, and the divorce does not take effect on his wife, whether she is present or absent. Likewise, if he says, "It is divorce upon me if I do not travel," and his intention is to prevent himself from traveling, or "It is divorce upon me if I do not visit so-and-so," these and their like, if his intention is to prevent himself, or to urge himself to do something, the divorce does not take effect, but rather there is the expiation of an oath.
As for if his intention is... if he says, "It is divorce upon me if I visit so-and-so," and his intention is to separate from his family if he visits so-and-so, and he is determined to divorce, then the divorce takes effect as one divorce. If he had two previous divorces, the divorce is completed and she becomes forbidden to him. If he did not have two previous divorces, he has the right to take her back.
So the conclusion is that it varies according to his intention, due to the saying of the Prophet (peace and blessings be upon him): "Actions are by intentions." So whoever intends in his divorce to prevent something or to urge something, it is according to his intention, and he owes the expiation of an oath if his divorce is not executed, if the matter of his divorce is not completed if he breaks his oath. As for if he intended to effect the divorce, intending by "it is divorce upon me" that he will not eat such a thing, or "it is divorce upon me" that he will not speak to so-and-so, or "it is divorce upon me" that he will not travel, and he intends to effect the divorce, then whenever he speaks to him or travels or the like, it takes effect. He is held to his intention and the divorce takes effect. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
