The Ruling on Divorce as a Threat and the Ruling on Triple Divorce
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Question:
Some people have become accustomed to threatening their wives with divorce. For example, a man might say to his wife, "If you leave the house, you are divorced," or "If you go to so-and-so's house, you are divorced." This happens repeatedly from them many times. Is this valid? Or does the divorce take effect from them, or is it an oath?
Answer:
This requires detailed explanation. There is a distinction in this matter:
If he says, "If you leave, you are divorced," or says, "If you go to your family, you are divorced," or says, "If you speak to so-and-so, you are divorced," and his intention is to prevent her, threaten her, and frighten her, and his intention is not to effect the divorce, but rather to warn her against it and prevent her from doing it; then if she defies him, he owes the expiation for an oath.
And she is not permitted to defy him. It is not permissible for her to disobey her husband in such a matter. She must obey and listen to him, even if he does not divorce her. If he says, "Do not go out, do not go out, do not speak to so-and-so, do not speak to so-and-so," until he is pleased and she seeks his forgiveness, then if he divorces her, the matter becomes more severe. So she is not permitted to disobey him in what is known to be right.
If the intention is to prevent her, frighten her, and threaten her so that she may desist, and then she does it and persists in defiance, she is sinful, and he owes the expiation for an oath, as does she: feeding ten poor people, or clothing them, or freeing a slave. Whoever cannot do so fasts for three days. If he cannot feed ten poor people, nor clothe them, nor free a slave, he fasts for three days. It is better for the fasts to be consecutive. As for whoever can feed, clothe, or free a slave, he is not permitted to fast; rather, he expiates by feeding, clothing, or freeing.
As for if his intention is to effect the divorce, and he says, "If you speak to so-and-so, you are divorced," and his intention is that whenever she speaks to him, she is divorced, and his intention is to separate from her, then one divorce takes effect in that. Or if he says, "If you go to your family without my permission, you are divorced," and she goes, and his intention is to effect the divorce; the divorce takes effect.
As for if his intention is to threaten, frighten, and warn, and his intention is not to effect the divorce; then it does not take effect, and he owes the expiation for an oath. But if his intention is to effect the divorce and carry it out while preventing her, meaning he wants to prevent her and effect the divorce as well, then the divorce takes effect. It counts as one divorce. If he says, "You are divorced," or says, "Divorced three times," it is considered one divorce according to the correct view. The triple divorce with a single phrase is considered one divorce in the most correct of the scholars' opinions.
Some people have become accustomed to threatening their wives with divorce. For example, a man might say to his wife, "If you leave the house, you are divorced," or "If you go to so-and-so's house, you are divorced." This happens repeatedly from them many times. Is this valid? Or does the divorce take effect from them, or is it an oath?
Answer:
This requires detailed explanation. There is a distinction in this matter:
If he says, "If you leave, you are divorced," or says, "If you go to your family, you are divorced," or says, "If you speak to so-and-so, you are divorced," and his intention is to prevent her, threaten her, and frighten her, and his intention is not to effect the divorce, but rather to warn her against it and prevent her from doing it; then if she defies him, he owes the expiation for an oath.
And she is not permitted to defy him. It is not permissible for her to disobey her husband in such a matter. She must obey and listen to him, even if he does not divorce her. If he says, "Do not go out, do not go out, do not speak to so-and-so, do not speak to so-and-so," until he is pleased and she seeks his forgiveness, then if he divorces her, the matter becomes more severe. So she is not permitted to disobey him in what is known to be right.
If the intention is to prevent her, frighten her, and threaten her so that she may desist, and then she does it and persists in defiance, she is sinful, and he owes the expiation for an oath, as does she: feeding ten poor people, or clothing them, or freeing a slave. Whoever cannot do so fasts for three days. If he cannot feed ten poor people, nor clothe them, nor free a slave, he fasts for three days. It is better for the fasts to be consecutive. As for whoever can feed, clothe, or free a slave, he is not permitted to fast; rather, he expiates by feeding, clothing, or freeing.
As for if his intention is to effect the divorce, and he says, "If you speak to so-and-so, you are divorced," and his intention is that whenever she speaks to him, she is divorced, and his intention is to separate from her, then one divorce takes effect in that. Or if he says, "If you go to your family without my permission, you are divorced," and she goes, and his intention is to effect the divorce; the divorce takes effect.
As for if his intention is to threaten, frighten, and warn, and his intention is not to effect the divorce; then it does not take effect, and he owes the expiation for an oath. But if his intention is to effect the divorce and carry it out while preventing her, meaning he wants to prevent her and effect the divorce as well, then the divorce takes effect. It counts as one divorce. If he says, "You are divorced," or says, "Divorced three times," it is considered one divorce according to the correct view. The triple divorce with a single phrase is considered one divorce in the most correct of the scholars' opinions.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.