Ruling on swearing by divorce to remain in a country until one has a child
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Question:
The first message in this episode is from listener Muhammad ibn 'Abd al-Ghani al-Saqati al-Misri. Our brother has a case, and he says: I inform you, O Shaykh, that I swore to remain in Egypt until I have a son. That oath was by divorce, but until now I have not had a son. Please guide us—may Allah reward you with good—on how I should act?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This divorce is interpreted in two cases:
The first is that you intended to effect the divorce if you left Egypt before having a son. If you intended this, then one divorce takes effect on you. If you leave, one divorce takes effect on your wife, and you may take her back as long as she is in the waiting period, provided you had not divorced her twice before this. This is if you intended to effect the divorce if you left before having a son.
The second case is that you intended to urge yourself to remain until you have a son, and did not intend to effect the divorce, but rather intended to urge yourself to remain until you have a son. In this case, the ruling is that of an oath, according to the most correct opinion of the scholars, as chosen by Abu al-'Abbas, the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) and a group of scholars, and it is narrated from a group of the Salaf that indicates this.
This opinion is the most correct if you intended to urge yourself to remain in Egypt until you have a son and did not intend to effect the divorce if you left without having a son. In this case, it is treated as an oath, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1. This statement is open to interpretation, so the intention clarifies it. Yes.
The presenter: May Allah reward you with good and do you good.
The first message in this episode is from listener Muhammad ibn 'Abd al-Ghani al-Saqati al-Misri. Our brother has a case, and he says: I inform you, O Shaykh, that I swore to remain in Egypt until I have a son. That oath was by divorce, but until now I have not had a son. Please guide us—may Allah reward you with good—on how I should act?
Answer:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows:
This divorce is interpreted in two cases:
The first is that you intended to effect the divorce if you left Egypt before having a son. If you intended this, then one divorce takes effect on you. If you leave, one divorce takes effect on your wife, and you may take her back as long as she is in the waiting period, provided you had not divorced her twice before this. This is if you intended to effect the divorce if you left before having a son.
The second case is that you intended to urge yourself to remain until you have a son, and did not intend to effect the divorce, but rather intended to urge yourself to remain until you have a son. In this case, the ruling is that of an oath, according to the most correct opinion of the scholars, as chosen by Abu al-'Abbas, the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) and a group of scholars, and it is narrated from a group of the Salaf that indicates this.
This opinion is the most correct if you intended to urge yourself to remain in Egypt until you have a son and did not intend to effect the divorce if you left without having a son. In this case, it is treated as an oath, based on 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 نوىThe presenter: May Allah reward you with good and do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.