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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who swears by divorce that he will not give anyone anything in his possession

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This is a letter we received from Syria from the sender Muhammad al-Ahmad al-Fawaz. He says: I have a useful and beneficial item for every person, and I gave this item to one of my relatives, but he lost it. I swore by divorce, with one pronouncement, that if I find it, I will not give it to anyone. In fact, I found this item, and it has been with me for fifteen years. Whenever anyone asks me about it, I say: It is not available, in order to keep my word of divorce, even though it is with me. Is there a sin on me for that?
Answer: This requires detail: If the item is beneficial to people, he should lend it to people and benefit them, and the divorce is looked into. As for if the item is not important to people, whether to his relatives or others, then the matter is easy, and there is no need to ask about the divorce. But the divorce has detail: If he intended by it to prevent himself from handing the item over to any of the people, and did not intend to effect the divorce, but only intended to prevent himself by this divorce from handing it over to people, then he owes an oath expiation, and it is permissible for him, with no blame on him, if he hands it over to people, and no divorce takes place.
If you, O questioner, intended by it to prevent yourself from handing the item over to any of the people and did not intend to effect the divorce, then no divorce takes place by that, and you owe an oath expiation if you give it to any of the people.
But if you intended to effect the divorce if you gave it to any of the people, then one pronouncement of divorce takes place on your wife if you give it to any of the people. The single pronouncement does not make her forbidden to you; you have the right to take her back immediately. You may take her back immediately by testifying with two witnesses that you have taken back your wife so-and-so, and the taking back is valid, and praise be to Allah, if you give this item to anyone while you intend by the divorce to effect the divorce.
This is if the woman had not been divorced before by two pronouncements. But if your wife had previously been divorced twice, then this pronouncement makes her forbidden to you as the final pronouncement. If you give the item to any of the people while intending to effect the divorce, this pronouncement becomes the third, and by it the woman becomes forbidden to her husband until she marries another husband, a lawful marriage, a marriage of desire, not a marriage of facilitation, and the husband who married her must have intercourse with her. He must have intercourse with her, and then he must part from her after that, either by death or divorce. Yes.
The presenter: May Allah reward you
The presenter: But he asks at the end of the letter, or he mentioned that he lies when someone asks him about this item. He says: It is not with me, while it is with him, out of fear that the divorce will take place?
The Shaykh: This is wrong, and it is obligatory for him in this to repent to Allah (Glorified and Exalted is He) , for the believer is not permitted to lie. And if there is a need not to state its existence, he should refer to something, saying: It is not in the specific place where it is, or it is not in any specific place, meaning: he intends a place where it is not, for example: it is in the sitting room and it is in another place in the warehouse, or he intends that it is not with him in the hallway, or it is not with him in the shop, or in the office or the like, so that he is not lying. He should interpret this in such a way that lying does not fall upon him. Yes.
The presenter: You have done well, may Allah reward you with good.
Source binbaz.org.sa

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

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