The ruling on one who swears by divorce while he has not yet consummated the marriage with his wife
Machine translationRead the Arabic original
Question:
The first message in this episode is from one of our brother listeners. He says: “I am a young man, twenty-seven years old, and I am accustomed to pronouncing divorce in any discussion with others. After I contracted my marriage to one of the girls, I had a discussion with a person and pronounced the divorce while I was forgetful. This happened three times, with several days between each instance and in different occasions. Then it happened again in front of certain people. Now I ask: What is the ruling? Knowing that I have not yet entered upon my wife? May Allah reward you with good.” The sender of the message is the listener (M.M.A.) al-Shahri from Sharurah.
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:
So you, O questioner, must go back to the court in your area and clarify the nature of the situation to them. If the court deems it sufficient, then that is what will be done, if Allah wills. Or you can write to us about the situation, and we will refer you to the court with your wife and her guardian so that we may know the truth, and the fatwa will be issued after that.
The presenter: May Allah reward you with good. And if he has not yet entered upon her?
The Shaykh: Even if he has not entered upon her, so that we may know the nature of the situation: is it a conditional divorce, or an immediate divorce? And if it is conditional, did he intend to effect the divorce, or did he intend to prevent something or urge something, or the like of that? Yes.
The presenter: May Allah reward you with good.
The first message in this episode is from one of our brother listeners. He says: “I am a young man, twenty-seven years old, and I am accustomed to pronouncing divorce in any discussion with others. After I contracted my marriage to one of the girls, I had a discussion with a person and pronounced the divorce while I was forgetful. This happened three times, with several days between each instance and in different occasions. Then it happened again in front of certain people. Now I ask: What is the ruling? Knowing that I have not yet entered upon my wife? May Allah reward you with good.” The sender of the message is the listener (M.M.A.) al-Shahri from Sharurah.
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:
So you, O questioner, must go back to the court in your area and clarify the nature of the situation to them. If the court deems it sufficient, then that is what will be done, if Allah wills. Or you can write to us about the situation, and we will refer you to the court with your wife and her guardian so that we may know the truth, and the fatwa will be issued after that.
The presenter: May Allah reward you with good. And if he has not yet entered upon her?
The Shaykh: Even if he has not entered upon her, so that we may know the nature of the situation: is it a conditional divorce, or an immediate divorce? And if it is conditional, did he intend to effect the divorce, or did he intend to prevent something or urge something, or the like of that? 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.