Ruling on preventing a wife from visiting her parents and swearing to that with divorce
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This is a letter that reached us from (M. M. H.), a resident of Najran who is of Egyptian nationality. The brother questioner says in his letter: I am married to my father's brother's daughter. Following a major dispute between me and my uncle and his wife, which led to the destruction of my future and my children's future, I prevented my wife from going to her father's and mother's house. I also prevented my wife's father and mother from coming to my house, and the dispute is still ongoing. Before I came to the Kingdom, my wife asked me to let her see her father, mother, and siblings. That provoked my madness and extreme anger, and I refused this request and hit her. I swore an oath over her, the text of which is: "I am divorced from you three times if you go to your father's house in my absence; I will not leave you in the house when I return." I repeated that a second time in less than a quarter of an hour. So, if she goes to her father's house in my absence, is she divorced twice, or is it considered a conditional oath with an expiation? If so, what is its expiation? Please inform us, may Allah reward you.
Answer: This requires detail based on your intention: If you intended to prevent her from this going and to frighten and pressure her, and the aim was not that she is divorced, but rather that you wanted to frighten, warn, and prevent her, then there is an expiation for the oath, one oath. However, if you intended by that to effect the divorce, and that whenever she goes out, whenever she goes to her people, the divorce takes place, then one divorce takes place upon her. And if you intended by the repetition a second divorce, then a second divorce takes place. But if you intended by the repetition to confirm the speech and confirm the position, not another divorce, then only one divorce takes place, and you have the right to return to her with a new marriage, with its conditions considered valid by the Shari'ah. This is the detail in this matter. As for her going to her parents, this also requires detail:
If her going to them harms you and harms her due to their bad morals and bad deeds, and they corrupt things for you, then there is no blame in preventing her. But if her going to them does not harm you and does not harm her, then you should allow it. In any case, this matter should be treated by good means between you and your wife's parents, because this is very difficult for her if it lasts long. You should treat this matter through people of goodness and reconciliation between you, so that her going to them becomes easy with your consent. We ask Allah for guidance for everyone.
The presenter: May Allah reward you.
Answer: This requires detail based on your intention: If you intended to prevent her from this going and to frighten and pressure her, and the aim was not that she is divorced, but rather that you wanted to frighten, warn, and prevent her, then there is an expiation for the oath, one oath. However, if you intended by that to effect the divorce, and that whenever she goes out, whenever she goes to her people, the divorce takes place, then one divorce takes place upon her. And if you intended by the repetition a second divorce, then a second divorce takes place. But if you intended by the repetition to confirm the speech and confirm the position, not another divorce, then only one divorce takes place, and you have the right to return to her with a new marriage, with its conditions considered valid by the Shari'ah. This is the detail in this matter. As for her going to her parents, this also requires detail:
If her going to them harms you and harms her due to their bad morals and bad deeds, and they corrupt things for you, then there is no blame in preventing her. But if her going to them does not harm you and does not harm her, then you should allow it. In any case, this matter should be treated by good means between you and your wife's parents, because this is very difficult for her if it lasts long. You should treat this matter through people of goodness and reconciliation between you, so that her going to them becomes easy with your consent. We ask Allah for guidance for everyone.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
