Swearing by divorce not to do something, then doing it
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The listener Muhammad 'Abd al-Tawwab Hasan from Minya Governorate sent a question, saying: Your Eminence, the Shaykh! I swore by divorce regarding one of the matters that I would not do it, but I did it. Now I am confused about my situation, but my wife is far from me, and I want to seek a ruling on this matter, so guide us, may Allah reward you with good. Did the divorce take place or not?
Answer: If your intention was to refrain from this matter and you did not intend to effect the divorce, but rather you intended to refrain from this thing and guard against it, then you owe the expiation for an oath, and the divorce does not take place. Its ruling is the ruling of an oath according to the most correct of the scholars' opinions. So if you say, for example: "I swear by divorce that I will not talk to so-and-so," or "I swear by divorce that I will not eat so-and-so's food," or "I swear by divorce that I will not smoke," or "I will not drink intoxicants," or the like of that, and your intention is to refrain, not that you intend to divorce your family, you love them and it is not your intention to part from them, but the intention is to refrain from this thing, then you owe the expiation for an oath if you did it, along with repentance to Allah. As for if it was a sin, along with repentance to Allah, if it was a sin like drinking intoxicants or the like.
As for if you intended the divorce, if you intended to effect the divorce, the divorce takes place; it is one pronouncement of divorce. If you said: "I swear by divorce," it results in one pronouncement of divorce if you intended the divorce if you did the thing you swore about. May Allah guide them all.
The presenter: O Allah, amen. May Allah reward you with good and do you good.
Answer: If your intention was to refrain from this matter and you did not intend to effect the divorce, but rather you intended to refrain from this thing and guard against it, then you owe the expiation for an oath, and the divorce does not take place. Its ruling is the ruling of an oath according to the most correct of the scholars' opinions. So if you say, for example: "I swear by divorce that I will not talk to so-and-so," or "I swear by divorce that I will not eat so-and-so's food," or "I swear by divorce that I will not smoke," or "I will not drink intoxicants," or the like of that, and your intention is to refrain, not that you intend to divorce your family, you love them and it is not your intention to part from them, but the intention is to refrain from this thing, then you owe the expiation for an oath if you did it, along with repentance to Allah. As for if it was a sin, along with repentance to Allah, if it was a sin like drinking intoxicants or the like.
As for if you intended the divorce, if you intended to effect the divorce, the divorce takes place; it is one pronouncement of divorce. If you said: "I swear by divorce," it results in one pronouncement of divorce if you intended the divorce if you did the thing you swore about. May Allah guide them all.
The presenter: O Allah, amen. May Allah reward you with good and do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
