What is the ruling on saying "I am divorced"?
Machine translationRead the Arabic original
Question:
A questioner asks: Does a man’s saying in an oath, "I am divorced," count as swearing by other than Allah? And does the divorce take effect?
Answer:
No, it is not swearing by other than Allah, and it is considered an oath in terms of language, so it is called an oath from the linguistic perspective. If he intends by it prohibition, encouragement, affirmation, or denial, it is called an oath from the linguistic perspective, and it carries an expiation. If he says, "I am divorced if he travels," and intends to refrain from traveling, and does not intend to effect the divorce, or says, "I am divorced if you go out on this day," or "I am divorced if I speak to you today," and his intention is to refrain, and his intention is not to separate from her; then this is called an oath, its ruling is the ruling of an oath, and it is not forbidden, but rather disliked, and it has an expiation for an oath.
If he says, "I am divorced if he speaks to her," and intends to refrain, and does not intend to separate from her, or says, "I am divorced if you go out on this day," and intends to prevent her, and does not intend to separate from her; then it has an expiation for an oath. Or if he says, "I am divorced if he eats so-and-so’s food," or "I am divorced if I eat his food and do not eat on that day," and intends to refrain, and does not intend to separate from his family; then it has an expiation for an oath if he sits and eats the food.
A questioner asks: Does a man’s saying in an oath, "I am divorced," count as swearing by other than Allah? And does the divorce take effect?
Answer:
No, it is not swearing by other than Allah, and it is considered an oath in terms of language, so it is called an oath from the linguistic perspective. If he intends by it prohibition, encouragement, affirmation, or denial, it is called an oath from the linguistic perspective, and it carries an expiation. If he says, "I am divorced if he travels," and intends to refrain from traveling, and does not intend to effect the divorce, or says, "I am divorced if you go out on this day," or "I am divorced if I speak to you today," and his intention is to refrain, and his intention is not to separate from her; then this is called an oath, its ruling is the ruling of an oath, and it is not forbidden, but rather disliked, and it has an expiation for an oath.
If he says, "I am divorced if he speaks to her," and intends to refrain, and does not intend to separate from her, or says, "I am divorced if you go out on this day," and intends to prevent her, and does not intend to separate from her; then it has an expiation for an oath. Or if he says, "I am divorced if he eats so-and-so’s food," or "I am divorced if I eat his food and do not eat on that day," and intends to refrain, and does not intend to separate from his family; then it has an expiation for an oath if he sits and eats the food.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
