The Ruling on Swearing by Divorce Regarding a Guest and Its Expiation
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Question:
From al-Namas, the listener Abdulrahman al-Abdullah al-Shahri sent us this paper with this question, saying:
I ask you to present my question to one of the Shaykhs. My question is: A guest came to me, who is my brother’s son and his family, and I wanted to slaughter a sacrificial animal for him. So he stood up and said, “I am divorced if I am obligated to slaughter a sacrificial animal for them.” I stood up and, with anger at his divorce, I said, “I am divorced if I do not slaughter for you, I will not enter your house again.”
I ask that this question be presented to the honorable Shaykh Abdulaziz.
Answer:
It is not permissible to use this divorce, neither from you nor from the guest. It is not permissible for the guest to pronounce divorce; rather, he should be lenient and allow his host to honor him with a sacrificial animal or otherwise. And if it is absolutely necessary, let him emphasize his point without using divorce. Likewise, the host should not pronounce divorce; rather, he should emphasize his point without divorce.
If the guest pronounces divorce, or the host pronounces divorce, the one who breaks his oath owes the expiation for an oath. If the guest conceded and ate the sacrificial animal, he owes the expiation for an oath for his divorce, provided his intention was to prevent the host from going to trouble, and his intention was not to separate from his family. In this case, the divorce is treated as an oath, and he owes its expiation. And if the guest refused and left.
The host who pronounced divorce that he would slaughter owes the expiation for an oath, and he does not slaughter anything. He owes the expiation for the oath because his divorce is treated as an oath, provided his intention was to honor him and compel him, and he did not intend to separate from his wife. In this case, it is treated as an oath, and he owes its expiation. The expiation is feeding ten poor people or clothing them. Ten people, giving each of them half a sa’ of dates or rice, according to the staple food of the country. The amount is approximately one and a half kilograms. Or if he invites them to dinner in his house, or to a restaurant, or gives them breakfast, or clothes them with clothing that suffices them for prayer, that is sufficient. That is, he gives each person a shirt or a lower garment and a cloak. That is sufficient.
It is not permissible to use divorce in such matters, as mentioned earlier. We ask Allah for guidance for everyone. Yes.
The presenter: But is the expiation in this case given to one person, or...?
The Shaykh: Ten poor people.
The presenter: Is it necessary to give to ten people?
The Shaykh: Ten people are necessary; because it is like an oath, exactly the same. Yes.
From al-Namas, the listener Abdulrahman al-Abdullah al-Shahri sent us this paper with this question, saying:
I ask you to present my question to one of the Shaykhs. My question is: A guest came to me, who is my brother’s son and his family, and I wanted to slaughter a sacrificial animal for him. So he stood up and said, “I am divorced if I am obligated to slaughter a sacrificial animal for them.” I stood up and, with anger at his divorce, I said, “I am divorced if I do not slaughter for you, I will not enter your house again.”
I ask that this question be presented to the honorable Shaykh Abdulaziz.
Answer:
It is not permissible to use this divorce, neither from you nor from the guest. It is not permissible for the guest to pronounce divorce; rather, he should be lenient and allow his host to honor him with a sacrificial animal or otherwise. And if it is absolutely necessary, let him emphasize his point without using divorce. Likewise, the host should not pronounce divorce; rather, he should emphasize his point without divorce.
If the guest pronounces divorce, or the host pronounces divorce, the one who breaks his oath owes the expiation for an oath. If the guest conceded and ate the sacrificial animal, he owes the expiation for an oath for his divorce, provided his intention was to prevent the host from going to trouble, and his intention was not to separate from his family. In this case, the divorce is treated as an oath, and he owes its expiation. And if the guest refused and left.
The host who pronounced divorce that he would slaughter owes the expiation for an oath, and he does not slaughter anything. He owes the expiation for the oath because his divorce is treated as an oath, provided his intention was to honor him and compel him, and he did not intend to separate from his wife. In this case, it is treated as an oath, and he owes its expiation. The expiation is feeding ten poor people or clothing them. Ten people, giving each of them half a sa’ of dates or rice, according to the staple food of the country. The amount is approximately one and a half kilograms. Or if he invites them to dinner in his house, or to a restaurant, or gives them breakfast, or clothes them with clothing that suffices them for prayer, that is sufficient. That is, he gives each person a shirt or a lower garment and a cloak. That is sufficient.
It is not permissible to use divorce in such matters, as mentioned earlier. We ask Allah for guidance for everyone. Yes.
The presenter: But is the expiation in this case given to one person, or...?
The Shaykh: Ten poor people.
The presenter: Is it necessary to give to ten people?
The Shaykh: Ten people are necessary; because it is like an oath, exactly the same. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.