The ruling on one who swears by divorce to buy something for his friend, then gives him its value
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Question:
These are two questions from the questioner (A. Sh.) from Riyadh. He says: A man said to his friend, “I swear by divorce that you will not buy the refrigerator and the washing machine if you intend to get married.” He meant that he himself would buy them and give them to him as a gift. Is it permissible for him to give him their value in cash in advance?
Answer:
It appears that there is no harm in that, if he buys it himself, or if he hands over the value and he buys it, provided his intention is to help him with the price, and his intention is not the purchase itself. The intention is to help him with the price. So if he buys it himself, or through his agent, or if the person in need buys it and he hands over its price, the matter is broad in this regard, and nothing falls upon him for that; because the intended purpose of his divorce has been achieved; because the required condition has been fulfilled. Yes.
The presenter: What if this person got there first and bought them?
The Shaykh: If the intention is to help him with the price, this intention, and he hands over the price, then he has fulfilled his oath.
The presenter: Even if he bought it.
The Shaykh: Even if he bought it for him.
The presenter: His other question says: A man has a vow upon him since the year 1394 AH...
The Shaykh: Another matter related to the first question may be hidden from some people, which is that if his intention with the divorce was to prevent him from buying and to urge him to accept the gift, and his intention was not to part with his wife if he did not allow him to buy, then this divorce is ruled as an oath. So if we assume that the man did not allow it and he bought it himself, and did not accept the price, then the divorce does not take place, and he owes the expiation of the oath if his intention was to benefit him with this thing and to urge him to accept the gift, and his intention was not to part with his wife if he did not accept. Rather, the intention is the intention of an oath, meaning: urging the man to accept the gift, or to accept the price, and the intention is not to part with his family if he does not accept. So this has the ruling of an oath. So if the person getting married does not accept the man’s purchase of the refrigerator and the washing machine, or does not accept the price, then the man’s divorce does not take place regarding his wife; because the intention is not to effect the divorce. The intention is: urging the man to accept this gift, but the expiation of the oath is sufficient for him. Yes.
The presenter: May Allah reward you with good.
These are two questions from the questioner (A. Sh.) from Riyadh. He says: A man said to his friend, “I swear by divorce that you will not buy the refrigerator and the washing machine if you intend to get married.” He meant that he himself would buy them and give them to him as a gift. Is it permissible for him to give him their value in cash in advance?
Answer:
It appears that there is no harm in that, if he buys it himself, or if he hands over the value and he buys it, provided his intention is to help him with the price, and his intention is not the purchase itself. The intention is to help him with the price. So if he buys it himself, or through his agent, or if the person in need buys it and he hands over its price, the matter is broad in this regard, and nothing falls upon him for that; because the intended purpose of his divorce has been achieved; because the required condition has been fulfilled. Yes.
The presenter: What if this person got there first and bought them?
The Shaykh: If the intention is to help him with the price, this intention, and he hands over the price, then he has fulfilled his oath.
The presenter: Even if he bought it.
The Shaykh: Even if he bought it for him.
The presenter: His other question says: A man has a vow upon him since the year 1394 AH...
The Shaykh: Another matter related to the first question may be hidden from some people, which is that if his intention with the divorce was to prevent him from buying and to urge him to accept the gift, and his intention was not to part with his wife if he did not allow him to buy, then this divorce is ruled as an oath. So if we assume that the man did not allow it and he bought it himself, and did not accept the price, then the divorce does not take place, and he owes the expiation of the oath if his intention was to benefit him with this thing and to urge him to accept the gift, and his intention was not to part with his wife if he did not accept. Rather, the intention is the intention of an oath, meaning: urging the man to accept the gift, or to accept the price, and the intention is not to part with his family if he does not accept. So this has the ruling of an oath. So if the person getting married does not accept the man’s purchase of the refrigerator and the washing machine, or does not accept the price, then the man’s divorce does not take place regarding his wife; because the intention is not to effect the divorce. The intention is: urging the man to accept this gift, but the expiation of the oath is sufficient for him. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.