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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on one who says to his wife: If you go to your family, you are divorced

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Question:
This is a question from the listener Mahmoud al-'Irif al-Ibrahim, of Syrian nationality, working in the city of 'Ar'ar. He says:
I am a married young man. A minor dispute occurred between me and my wife, and she wanted to go to her family while she was pregnant. I became upset with her and said to her: If you go to your family, you are divorced. I said only this and did not add anything to it, ever. I intended by this to prevent her from going to her family, and I did not intend divorce. She did go, so what is the ruling in such a matter?

Answer:
If the intention behind this statement was to prevent her from going to her family, and the intention was not to effect a divorce, then this falls under the ruling of an oath. This divorce falls under the ruling of an oath, and upon you, O questioner, is the expiation for an oath; which is feeding ten poor people or clothing them. The food given to each person is half a sa' of dates, rice, or other staple food of the country, approximately one and a half kilograms, or you may provide them with a dinner or a lunch, or you may clothe them, giving each person an izar (lower garment) and a rida' (upper garment), or giving each person a shirt.
This is the obligatory ruling in such a case, according to the correct of the scholars' opinions. Some scholars said that the divorce takes place, but the correct view is that it does not take place if the intention was prevention, and the intention was not to effect a divorce; due to 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 نوى
Sahih al-Bukhari 1
Yes.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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