The ruling on swearing to divorce before consummating the marriage with the contracted wife
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The first message in this episode came from 'Abd al-Hamid Ahmad Harbi from the Arab Republic of Egypt, from Kafr al-Shaykh Governorate, residing in Jordan. He says in his message: I performed the marriage contract, but I have not yet consummated it. After a period following the contract, I became angry with this woman because she walked on foot, which angered me. I called out to her, but she did not comply, so I swore an oath of divorce upon her, saying, "If you do not come, you are free to go your own way." She did not comply, so I walked behind her until I appeased her. Then I swore an oath of divorce upon her a second time while I was in the height of my anger, and I said, "You will not be a woman to me, and you will not enter my house." What is the ruling in this matter? 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.
To proceed: This divorce that occurred from you, the first and the second, has two meanings:
One is that you intended by it to urge her to respond and comply with your command, and you did not intend to effect the divorce upon her. In this case, the divorce does not take effect, and you owe an expiation for an oath for the first and the second, meaning two expiations. The expiation for an oath is feeding ten poor people, with each poor person receiving half a sa' (a dry measure of about 3 kg) of the staple food of the land, such as dates, rice, or the like. If you feed the poor people twice, ten for each of the two divorces, that is sufficient.
As for if you intended by the first divorce to effect the divorce, then the divorce has taken effect upon her, and the other divorce does not follow it; because the first is sufficient for her; because she has not been consummated with, she is separated by the first divorce, and the other divorce does not follow it.
And if you intended by the first divorce an oath, meaning to urge her to obey you and respond to your request, and you did not intend to effect the divorce, then there is an expiation for an oath in it. Then the second divorce is considered. If you also intended by it that she should comply and obey your command, and you did not intend to effect the divorce, then there is an expiation for an oath in this. But if you intended to effect the divorce, then the divorce takes effect upon you. What we see is that the divorce takes effect upon her. What we see is that you should seek a ruling from the scholars in your area in Jordan or in Egypt, so that you, the woman, and her guardian all attend together before the mufti or the Shari'ah judge in Jordan or in Egypt, so that you all explain to him the nature of what happened, and so that he may issue a ruling for you based on clear evidence and a clear matter regarding what occurred from you, with the presence of the woman and her guardian together. This is what is preferable, and this is what is most cautious, so that each of you is on clear evidence and with insight. 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.
To proceed: This divorce that occurred from you, the first and the second, has two meanings:
One is that you intended by it to urge her to respond and comply with your command, and you did not intend to effect the divorce upon her. In this case, the divorce does not take effect, and you owe an expiation for an oath for the first and the second, meaning two expiations. The expiation for an oath is feeding ten poor people, with each poor person receiving half a sa' (a dry measure of about 3 kg) of the staple food of the land, such as dates, rice, or the like. If you feed the poor people twice, ten for each of the two divorces, that is sufficient.
As for if you intended by the first divorce to effect the divorce, then the divorce has taken effect upon her, and the other divorce does not follow it; because the first is sufficient for her; because she has not been consummated with, she is separated by the first divorce, and the other divorce does not follow it.
And if you intended by the first divorce an oath, meaning to urge her to obey you and respond to your request, and you did not intend to effect the divorce, then there is an expiation for an oath in it. Then the second divorce is considered. If you also intended by it that she should comply and obey your command, and you did not intend to effect the divorce, then there is an expiation for an oath in this. But if you intended to effect the divorce, then the divorce takes effect upon you. What we see is that the divorce takes effect upon her. What we see is that you should seek a ruling from the scholars in your area in Jordan or in Egypt, so that you, the woman, and her guardian all attend together before the mufti or the Shari'ah judge in Jordan or in Egypt, so that you all explain to him the nature of what happened, and so that he may issue a ruling for you based on clear evidence and a clear matter regarding what occurred from you, with the presence of the woman and her guardian together. This is what is preferable, and this is what is most cautious, so that each of you is on clear evidence and with insight. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.