One who swears by divorce and then breaks the oath is judged according to his intention
Machine translationRead the Arabic original
Question:
After this, a message reached the program from the listener Ali Ahmad (may Allah have mercy on him). Our brother Ali has a case in which he says: Two men quarreled, and the people wanted to reconcile them, so one of them swore by divorce three times that he would not reconcile with the other.
After a period of time, the anger subsided, and he wanted to reconcile with his companion, and indeed, reconciliation took place between them. What must he do? Is his wife forbidden to him? And if he said, “Divorce is upon me,” and he intended one—meaning one divorce—and no prior divorce had occurred before that, what does he do?
May Allah reward you with good.
Answer:
This requires a detailed explanation:
If he intended to prevent [reconciliation], then its ruling is the ruling of an oath: refraining from reconciliation, and his intention was not to effect a divorce, but only to refrain from reconciliation. In this case, its ruling is the ruling of an oath, and he owes the expiation for an oath.
As for if he intended to effect a divorce if he reconciled, then one divorce takes place due to this reconciliation for which he intended to effect a divorce. If he intended that if he reconciled with his companion, divorce would take place upon him, then the divorce takes place.
It is better that he ask the court, or contact us along with his wife’s guardian, so that the matter may be examined with insight. Otherwise, this is the detail, yes, this is the detail regarding his case, yes.
The presenter: May Allah reward you with good.
The Shaykh: Yes.
After this, a message reached the program from the listener Ali Ahmad (may Allah have mercy on him). Our brother Ali has a case in which he says: Two men quarreled, and the people wanted to reconcile them, so one of them swore by divorce three times that he would not reconcile with the other.
After a period of time, the anger subsided, and he wanted to reconcile with his companion, and indeed, reconciliation took place between them. What must he do? Is his wife forbidden to him? And if he said, “Divorce is upon me,” and he intended one—meaning one divorce—and no prior divorce had occurred before that, what does he do?
May Allah reward you with good.
Answer:
This requires a detailed explanation:
If he intended to prevent [reconciliation], then its ruling is the ruling of an oath: refraining from reconciliation, and his intention was not to effect a divorce, but only to refrain from reconciliation. In this case, its ruling is the ruling of an oath, and he owes the expiation for an oath.
As for if he intended to effect a divorce if he reconciled, then one divorce takes place due to this reconciliation for which he intended to effect a divorce. If he intended that if he reconciled with his companion, divorce would take place upon him, then the divorce takes place.
It is better that he ask the court, or contact us along with his wife’s guardian, so that the matter may be examined with insight. Otherwise, this is the detail, yes, this is the detail regarding his case, yes.
The presenter: May Allah reward you with good.
The Shaykh: Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.