The ruling on swearing by divorce with the intention of prohibition and repeating it with the intention of divorce
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Question:
O my brothers, the first message we are reviewing today came to us from the listener Umar Mahmoud, from the Eastern Republic of Egypt. He says: I have a good, obedient, and dignified wife, and she goes to work without any display of adornment or ornamentation, but I am not satisfied with her work, and I do not want her to go. We disagreed on this, and I swore at her by divorce, saying: “I am divorced from you if you go to work again.”
The Shaykh: I am...?
The presenter: I am divorced from you if you go to work again, and I repeated this phrase twice, and on the third time I said: “I am divorced from you three times if you go to work next year.” This was in one sitting, and my purpose and intention was only to prohibit her from working. At that time, she was on maternity leave for three months, and I wanted to benefit from her salary during this leave to pay off our debts, and after that she would not go to work. She did not go to work during this period, and they were sending her salary. After her leave ended and the time for her return to work came, one of my relatives discussed this with me, intending for her to go to work, so I said to him: “I am divorced from you if she goes,” and I repeated this phrase again. This was also in one sitting, and my purpose and intention this time was divorce if she went to work.
The Shaykh: Repeat.
The presenter: Yes.
The Shaykh: Repeat.
The presenter: He says: After her leave ended and the time for her return to work came, one of my relatives discussed this with me, meaning: he wanted her to go to work, so I said to him: “I am divorced from you if she goes to work,” and I repeated this phrase again. This was in one sitting, and my purpose and intention this time was divorce if she went to work.
On the day scheduled for her return to work, I said to her: “If you go to work, you will not be my wife,” to confirm my previous oath, but she went to work. So what does my religion command me to do in this situation? And are these oaths a revocable divorce or an irrevocable divorce with no possibility of taking her back? Knowing that she is now living with me, insists on staying with me, and refuses to leave my home and go to her father’s house.
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, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The obligatory duty of the woman is to obey her husband in what Allah has made lawful, not in disobedience. The fact that the questioner prohibited her from going to work is not disobedience, but rather a matter in which he has a right. Therefore, it is obligatory for her to listen and obey him in this, and not to go to work. He intended only prohibition in the first divorce, so he owes an expiation for an oath because of her going to work; because he did not intend anything other than prohibiting her. This is the correct opinion of the scholars regarding when a husband conditions divorce on a matter he intends to prohibit, or to compel, or to verify or deny. This is the preferred opinion of a group of scholars.
As for his last divorce, he intended to effect the divorce and he repeated it twice.
The answer to that is: If he intended by the repetition to effect the divorce in the second time like the first, then two divorces have occurred, and one remains for her, and he can take her back as long as she is in the waiting period. And if he did not intend to effect the divorce in the second time when he repeated it, but rather intended to confirm the previous statement, or to make her understand, then only one divorce occurs by that, and two remain for her, and he can take her back as long as she is in the waiting period; because of the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 And he intended to effect the divorce in the last divorce, so what he said occurs. And Allah is the possessor of success. Yes.
The presenter: May Allah reward you with good.
O my brothers, the first message we are reviewing today came to us from the listener Umar Mahmoud, from the Eastern Republic of Egypt. He says: I have a good, obedient, and dignified wife, and she goes to work without any display of adornment or ornamentation, but I am not satisfied with her work, and I do not want her to go. We disagreed on this, and I swore at her by divorce, saying: “I am divorced from you if you go to work again.”
The Shaykh: I am...?
The presenter: I am divorced from you if you go to work again, and I repeated this phrase twice, and on the third time I said: “I am divorced from you three times if you go to work next year.” This was in one sitting, and my purpose and intention was only to prohibit her from working. At that time, she was on maternity leave for three months, and I wanted to benefit from her salary during this leave to pay off our debts, and after that she would not go to work. She did not go to work during this period, and they were sending her salary. After her leave ended and the time for her return to work came, one of my relatives discussed this with me, intending for her to go to work, so I said to him: “I am divorced from you if she goes,” and I repeated this phrase again. This was also in one sitting, and my purpose and intention this time was divorce if she went to work.
The Shaykh: Repeat.
The presenter: Yes.
The Shaykh: Repeat.
The presenter: He says: After her leave ended and the time for her return to work came, one of my relatives discussed this with me, meaning: he wanted her to go to work, so I said to him: “I am divorced from you if she goes to work,” and I repeated this phrase again. This was in one sitting, and my purpose and intention this time was divorce if she went to work.
On the day scheduled for her return to work, I said to her: “If you go to work, you will not be my wife,” to confirm my previous oath, but she went to work. So what does my religion command me to do in this situation? And are these oaths a revocable divorce or an irrevocable divorce with no possibility of taking her back? Knowing that she is now living with me, insists on staying with me, and refuses to leave my home and go to her father’s house.
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, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
The obligatory duty of the woman is to obey her husband in what Allah has made lawful, not in disobedience. The fact that the questioner prohibited her from going to work is not disobedience, but rather a matter in which he has a right. Therefore, it is obligatory for her to listen and obey him in this, and not to go to work. He intended only prohibition in the first divorce, so he owes an expiation for an oath because of her going to work; because he did not intend anything other than prohibiting her. This is the correct opinion of the scholars regarding when a husband conditions divorce on a matter he intends to prohibit, or to compel, or to verify or deny. This is the preferred opinion of a group of scholars.
As for his last divorce, he intended to effect the divorce and he repeated it twice.
The answer to that is: If he intended by the repetition to effect the divorce in the second time like the first, then two divorces have occurred, and one remains for her, and he can take her back as long as she is in the waiting period. And if he did not intend to effect the divorce in the second time when he repeated it, but rather intended to confirm the previous statement, or to make her understand, then only one divorce occurs by that, and two remain for her, and he can take her back as long as she is in the waiting period; because of the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.