The ruling on one who swears by divorce to emphasize a point or to threaten
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Her questions are simple, but she requested that we not neglect her message, O Shaykh. She also says: My husband swore by divorce that if his sister did not return a dinar to its owner, but his sister did not return it and took it, and the second time the matter was the same, so what is the ruling?
Answer: This requires detail: If he intended to effect a divorce if the dinar is not returned, then one divorce is effected on his wife by that, and he has the right to take her back as long as she is in the waiting period, provided that he had not divorced her twice before. If he intended to emphasize the matter or threaten her, and did not intend to effect a divorce, but she did not do it, then he owes the expiation for an oath; because this is in the ruling of an oath. It is feeding ten poor people, for each poor person half a sa' (a dry measure of about 3 kg) of the staple food of the land, meaning: one and a half kilograms of the staple food of the land, such as dates, rice, or others; or clothing them with clothing that suffices them for prayer, such as a shirt for each one; or freeing a believing slave. If he is unable and is poor and cannot do it, he fasts three days, and that is sufficient.
Answer: This requires detail: If he intended to effect a divorce if the dinar is not returned, then one divorce is effected on his wife by that, and he has the right to take her back as long as she is in the waiting period, provided that he had not divorced her twice before. If he intended to emphasize the matter or threaten her, and did not intend to effect a divorce, but she did not do it, then he owes the expiation for an oath; because this is in the ruling of an oath. It is feeding ten poor people, for each poor person half a sa' (a dry measure of about 3 kg) of the staple food of the land, meaning: one and a half kilograms of the staple food of the land, such as dates, rice, or others; or clothing them with clothing that suffices them for prayer, such as a shirt for each one; or freeing a believing slave. If he is unable and is poor and cannot do it, he fasts three days, and that is sufficient.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
