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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on swearing by divorce regarding a matter without the intention of divorce

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Question:
A man hosted another man and swore by divorce that he would not eat the slaughtered animal, then he left. The host brought another slaughtered animal and he ate from it. What is required of me?

Answer:
If the guest’s intention was that he would not burden the host, saying, “I swear by divorce that I will not eat your slaughtered animal, O so-and-so, if I stay with you, I will not burden you, nor buy a slaughtered animal, but I will eat from the food that is present,” and then the host refused him and brought a slaughtered animal, slaughtered it, and he ate from it, or he did not eat from it; then the ruling regarding his divorce applies to him if he intended to divorce his wife if he ate the slaughtered animal. In that case, a divorce takes effect on him according to what he said.
And if he only intended to prevent him from the slaughtered animal and did not intend to divorce his wife, but rather intended that if he heard the divorce, it would prevent him from doing so; then an expiation for an oath is required of him. He said, “I swear by divorce that I will not eat the slaughtered animal, or that which is slaughtered for me,” and it was slaughtered, or he said, “I swear by divorce that I will not eat,” and he ate; then an expiation for an oath is required of him. Its ruling is the ruling of an oath, if the intention of this statement was to prevent the guest from burdening him with effort, and his intention was not to separate from his wife, but rather his intention was to prevent the burden of effort, so that when he heard the divorce, he would refrain from bringing the slaughtered animal or burdening himself. Then, if the host who was hosting him made the effort and did not care about his oath or his divorce, and then he ate from his slaughtered animal—whether the divorce was that he would not eat, or that he would not slaughter, and it was slaughtered for him—then this divorce is treated as an expiation for an oath if he did not intend to effect it upon the wife, did not intend to separate from her, but only intended to prevent the burden of effort.
This is its ruling: the ruling of an oath. It is not counted as a divorce if his intention was prevention, preventing the man from burdening him. An expiation for an oath is required, and it does not take effect. Feeding ten poor people, or clothing them...
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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