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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on swearing an oath of divorce without the intention of pronouncing the divorce

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He also asks and says: We are three brothers and we have not divided the inheritance our father left us. My eldest brother helped me get married from the same estate, and he took a paper from me stating that I have no share in the inheritance, and I signed this paper. After a period, my wife got angry and went to her father’s house. I went to bring her back, but her father refused, saying: I will not return her to you until you bring the paper your brother took from you regarding your relinquishment of your share in the inheritance. So I went to my brother and swore to him, saying: Divorce is upon me after I take the paper from you and show it to my wife’s father to return her. My intention was not to divorce, and not to return the paper at the same time, because it was injustice. After I took the paper, I did not return it to my brother. So I ask: Did this divorce take effect or not?
Answer: If you did not intend to pronounce the divorce, but rather intended by it that he would give you the paper so that he would believe what you say and give you the paper, then no divorce takes effect by this. Nothing takes effect by this divorce. You should use clear matters in such cases to resolve the dispute between you and your brother. As for this divorce, which you intended for your brother to believe you and give you the paper, and you did not intend to pronounce the divorce, then no divorce takes effect by it. Yes.
The presenter: May Allah reward you.
The Shaykh: And upon you is the expiation of an oath for this.
The presenter: Yes.
The Shaykh: … Upon you, O questioner, is the expiation of an oath in the most correct of the scholars’ opinions. Yes.
The presenter: And he is not required to return the paper?
The Shaykh: That is a separate matter. That is a dispute between him and his brother at the court. 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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