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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who swore to divorce his wife if she did not prepare food, but she did prepare it

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This is a message we received from the questioner (A. M. 'A.) from 'Arar, the National Guard, the thirty-third brigade. He says: I am a young man recently married. One day, my wife was preparing the iftar meal, and the food she was preparing did not please me. So I said to her: "Do not make the food with this ingredient." She replied that there was nothing else available. I became angry and said: "I divorce you if you do not make it with anything other than this." But my wife made it with the same ingredient and brought something else with it. So I asked one of my relatives: "Has the divorce taken effect in this case?" He answered me that it does not take effect as long as she brought another food with the thing I did not want. But I am confused. Please advise us, may Allah reward you?
Answer: First, you, the questioner, must ask yourself about your intention. If your intention was to prevent her from this thing, and your intention was not to effect the divorce, but rather you wanted to prevent her from this food and for her to find something else, and it was not your intention that if she did not find something else she would be divorced, but rather you wanted to prevent her from it until she found something else, then this has the ruling of an oath, and the expiation of the oath is sufficient for you. It will not harm you after that, and nothing takes effect. This is the correct view.
As for if you intended to effect the divorce, this is a matter of consideration. If you intended to effect the divorce if she prepared this food, and she prepared it, and you did not intend that if she added something else to it there would be no harm, but rather you intended that she prepare another food other than it, and you did not intend that she add something else to it, then the divorce takes effect; because you broke your oath of divorce and your intended purpose was not achieved. You wanted her to prepare another food, but she did not prepare another food; rather, she added something to it. So, if this addition that she made does not achieve the purpose of your intention, and the desired food that you intended is not obtained by it, then the divorce takes effect as one pronouncement. You have the right to take her back during the waiting period if she had not been divorced twice before this. This is if you intended the divorce. But if you intended to prevent her from this thing and wanted her to prepare another food if she heard the divorce, so she would be afraid and prepare another food, and you did not intend to effect the divorce upon her, then its ruling is the ruling of an oath, as mentioned above, according to the more correct of the two opinions of the scholars. Yes.
The presenter: 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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