The Ruling on Swearing by Divorce with the Intention of Divorce
Machine translationRead the Arabic original
The first message in this episode came from listener (F. A. M. S.), who says in his message: I am a married man, and about six years after my marriage, I traveled to another country to seek a livelihood. I was praying and fasting, praise be to Allah, but Satan played with me and I practiced the secret habit because I was far from my wife. After this, I said: This is a forbidden act, and I must stop it. So I began to pray and fast, and I said: I swear by divorce, three times, that I will not do this act again. My intention was divorce. After a period, Satan played with me again, and I fell into this matter, then I repented. The question is: Has this divorce taken effect on me or not? Knowing that my wife did not hear it. Please inform us, may Allah reward you.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
As for the secret habit that some people are accustomed to, it is forbidden, and it has many harms. It is masturbation. Allah the Mighty and Majestic said in describing the believers: [Al-Mu'minun: 5-7].
This vile habit is not what Allah has permitted, which is approaching wives and what is in their private parts. Therefore, it is forbidden and is among the transgression that Allah the Exalted mentioned in this verse. The knowledgeable doctors have explained its great harm and its much evil.
It is obligatory for every believer to guard against it with the utmost caution.
As for what the questioner mentioned about making his divorce conditional on returning to it, if he intended what he said, namely effecting the divorce, then one divorce takes effect because of his return to it. This is because it is a divorce conditional on a condition intended to be fulfilled, so one divorce takes effect by that, according to the correct opinion. This is because it is established from the hadith of Ibn Abbas (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) what indicates that effecting three divorces with one phrase is considered one divorce.
And you, O questioner, may take her back after you returned to this vile habit, because it is a revocable divorce.
However, if you had not divorced her twice before this, but if you had divorced her twice before, then this becomes the third, and there is no taking back. We ask Allah for guidance for everyone.
The presenter: And regarding what Your Eminence, the Shaykh, said about his wife not hearing this divorce?
The Shaykh: Even if she did not hear it, it has no connection to that. Her hearing it or not hearing it is the same. Yes.
The presenter: May Allah reward you.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance.
As for the secret habit that some people are accustomed to, it is forbidden, and it has many harms. It is masturbation. Allah the Mighty and Majestic said in describing the believers:
(5) And they who guard their private parts (6) Except from their wives or those their right hands possess, for indeed, they will not be blamed - (7) But whoever seeks beyond that, then those are the transgressors -
وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ إِلَّا عَلَى أَزْوَاجِهِمْ أوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ فَمَنِ ابْتَغَى وَرَاءَ ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَThis vile habit is not what Allah has permitted, which is approaching wives and what is in their private parts. Therefore, it is forbidden and is among the transgression that Allah the Exalted mentioned in this verse. The knowledgeable doctors have explained its great harm and its much evil.
It is obligatory for every believer to guard against it with the utmost caution.
As for what the questioner mentioned about making his divorce conditional on returning to it, if he intended what he said, namely effecting the divorce, then one divorce takes effect because of his return to it. This is because it is a divorce conditional on a condition intended to be fulfilled, so one divorce takes effect by that, according to the correct opinion. This is because it is established from the hadith of Ibn Abbas (may Allah be pleased with him) from the Prophet (peace and blessings be upon him) what indicates that effecting three divorces with one phrase is considered one divorce.
And you, O questioner, may take her back after you returned to this vile habit, because it is a revocable divorce.
However, if you had not divorced her twice before this, but if you had divorced her twice before, then this becomes the third, and there is no taking back. We ask Allah for guidance for everyone.
The presenter: And regarding what Your Eminence, the Shaykh, said about his wife not hearing this divorce?
The Shaykh: Even if she did not hear it, it has no connection to that. Her hearing it or not hearing it is the same. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.