The ruling on one who says to his wife: “If you go to such-and-such, you are divorced,” and she goes
Machine translationRead the Arabic original
Question:
A message reached the program from the listener: Abu al-Najjar Ibrahim, an Egyptian resident in al-Aflaj. Our brother says: I said to my wife, “If you go to your father’s house, you are divorced.” I am currently residing in the Kingdom, and a dispute occurred between my wife and my family, so she went to her father’s house. I ask you to inform me what I must do? And to you, abundant thanks.
Answer:
If you intended to effect the divorce if she went, then one divorce takes effect on her, and you have the right to take her back during the waiting period, provided she had not been divorced twice before this.
As for if you intended to prevent her and threaten and frighten her, and did not intend to effect the divorce, then this has the ruling of an oath in the most correct of the scholars’ opinions. You must pay the expiation for an oath, which is feeding ten poor people or clothing them. For each poor person, it is half a sa’ (a dry measure of about 3 kg) of the staple food of the land, such as dates or otherwise, using the Prophet’s (peace and blessings be upon him) sa’, and the amount is approximately one and a half kilograms. Or clothing them by giving each one what suffices for prayer, such as a shirt, a lower garment, and a cloak. And praise be to Allah. Yes.
The presenter: May Allah reward you with good.
A message reached the program from the listener: Abu al-Najjar Ibrahim, an Egyptian resident in al-Aflaj. Our brother says: I said to my wife, “If you go to your father’s house, you are divorced.” I am currently residing in the Kingdom, and a dispute occurred between my wife and my family, so she went to her father’s house. I ask you to inform me what I must do? And to you, abundant thanks.
Answer:
If you intended to effect the divorce if she went, then one divorce takes effect on her, and you have the right to take her back during the waiting period, provided she had not been divorced twice before this.
As for if you intended to prevent her and threaten and frighten her, and did not intend to effect the divorce, then this has the ruling of an oath in the most correct of the scholars’ opinions. You must pay the expiation for an oath, which is feeding ten poor people or clothing them. For each poor person, it is half a sa’ (a dry measure of about 3 kg) of the staple food of the land, such as dates or otherwise, using the Prophet’s (peace and blessings be upon him) sa’, and the amount is approximately one and a half kilograms. Or clothing them by giving each one what suffices for prayer, such as a shirt, a lower garment, and a cloak. And praise be to Allah. 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.