The ruling on swearing an oath of divorce in one's heart without uttering it
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Question:
The first letter in this episode was sent to the program by one of our brother listeners from Libya, named Salem Ali Salem, from the Education Department in Saraf. Our brother has a case in which he says: I constantly swear oaths on my tongue over the simplest things in my daily life. I have often tried to get rid of this habit, but to no avail. I do not know or realize that I am even speaking the oath. What is the ruling of the Shari'ah regarding this problem, with the following observations:
First: I speak the oath secretly, meaning between myself and myself. I have no intention of swearing an oath of divorce. My lips do not move, meaning it is only in my heart. No one ever hears it from me. Does the divorce take effect in these cases?
May Allah reward you with good, and guide you to what is beneficial for Islam and the Muslims.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
If the divorce that occurred in your heart was spoken and uttered, then it has its ruling. If you divorced your wife with one pronouncement, it has its effect, such as saying: "She is divorced," or "My wife is divorced," or "So-and-so, the daughter of so-and-so, is divorced." This takes effect. Likewise, if you say: "Divorced," then "Divorced," then "Divorced," it takes effect.
However, if you only spoke of it in your heart and did not say anything with your mouth, and it was merely a thought of the heart and a passing impulse, and you did not utter anything, then this does not take effect. This is based on the saying of the Prophet (peace and blessings be upon him):Bulugh al-Maram 8:133 Therefore, thoughts of the heart and inner reflections do not result in anything taking effect. Only what is uttered from your tongue, with your intention, takes effect, such as what was mentioned earlier: "You are divorced," "She is divorced," "My wife is divorced," "So-and-so, the daughter of so-and-so, is divorced."
As for what occurs in your heart, which you did not speak and which did not result in any utterance, this is from the whispers of the self, and Allah has pardoned it, yes.
The presenter: May Allah reward you with good.
The first letter in this episode was sent to the program by one of our brother listeners from Libya, named Salem Ali Salem, from the Education Department in Saraf. Our brother has a case in which he says: I constantly swear oaths on my tongue over the simplest things in my daily life. I have often tried to get rid of this habit, but to no avail. I do not know or realize that I am even speaking the oath. What is the ruling of the Shari'ah regarding this problem, with the following observations:
First: I speak the oath secretly, meaning between myself and myself. I have no intention of swearing an oath of divorce. My lips do not move, meaning it is only in my heart. No one ever hears it from me. Does the divorce take effect in these cases?
May Allah reward you with good, and guide you to what is beneficial for Islam and the Muslims.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
If the divorce that occurred in your heart was spoken and uttered, then it has its ruling. If you divorced your wife with one pronouncement, it has its effect, such as saying: "She is divorced," or "My wife is divorced," or "So-and-so, the daughter of so-and-so, is divorced." This takes effect. Likewise, if you say: "Divorced," then "Divorced," then "Divorced," it takes effect.
However, if you only spoke of it in your heart and did not say anything with your mouth, and it was merely a thought of the heart and a passing impulse, and you did not utter anything, then this does not take effect. This is based on the saying of the Prophet (peace and blessings be upon him):
Allah, the Most High, has forgiven my followers what they contemplate on within themselves (i.e. evil thoughts) as long as they do not act upon or speak about them
إن الله تجاوز عن أمتي ما حدثت بها أنفسها لم تعمل أو تكلمAs for what occurs in your heart, which you did not speak and which did not result in any utterance, this is from the whispers of the self, and Allah has pardoned it, yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.