The ruling on one who swears by divorce that he will marry his wife
Machine translationRead the Arabic original
This is also a message received from the questioner (A. M. 'A), an Egyptian teacher stationed in the Yemen Arab Republic. He says: Under urgent circumstances with my wife, and in a moment of despair and anger after what happened from her, an oath came out of me, and I said: "Divorce is upon me; I must marry, even on the last day of my life." The intention was clear, and I was in a moment of anger. What is the ruling on this oath?
Answer: If the intention behind this affirmation to yourself is that you will marry and to annoy her with that, and your intention is not to divorce her if you do not marry, then its ruling is the ruling of an oath, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1 If you intended by this affirmation to yourself that you will marry even if the wife does not agree, and you only intended this affirmation and did not intend that if you do not marry she is divorced, but only intended the affirmation to yourself, then its ruling is the ruling of an oath, and you owe the expiation for the oath. And as long as you intended it, even in the last of your life, there is leeway in this matter. Yes.
The presenter: May Allah reward you. He adds and says: An oath came out of me before that, also in a moment of anger, because of her refusal of my legal rights. And for the sake of knowing that Allah has blessed me with two sons and four daughters from her, and if I do that—I think he is referring to marriage—I will be the cause of scattering these children, and my conscience does not allow that. So do I owe an expiation, or what should I do?
The Shaykh: If the intention was the first question, and that you swore that you would marry even in the last of your life, then you have the choice: if you wish, you marry and fulfill your oath, and if you wish, you expiate for your oath. If the intention behind this affirmation to yourself is not to part with your wife, but rather to affirm to yourself that you will marry, then after this you have the choice: if you wish, you marry and nothing is upon you, and if you wish, you expiate for the oath and nothing is upon you. Yes.
The presenter: May Allah reward you.
Answer: If the intention behind this affirmation to yourself is that you will marry and to annoy her with that, and your intention is not to divorce her if you do not marry, then its ruling is the ruling of an oath, based on the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىThe presenter: May Allah reward you. He adds and says: An oath came out of me before that, also in a moment of anger, because of her refusal of my legal rights. And for the sake of knowing that Allah has blessed me with two sons and four daughters from her, and if I do that—I think he is referring to marriage—I will be the cause of scattering these children, and my conscience does not allow that. So do I owe an expiation, or what should I do?
The Shaykh: If the intention was the first question, and that you swore that you would marry even in the last of your life, then you have the choice: if you wish, you marry and fulfill your oath, and if you wish, you expiate for your oath. If the intention behind this affirmation to yourself is not to part with your wife, but rather to affirm to yourself that you will marry, then after this you have the choice: if you wish, you marry and nothing is upon you, and if you wish, you expiate for the oath and nothing is upon you. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.