Swearing by divorce to take revenge on a person, but he died
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One of the brothers says, "A'udh Thabit Ahmad, an Egyptian working in Iraq, says: My friend accused me one day of speaking ill of one of his relatives. I then brought that relative and proved to him that I was innocent of the accusation. In a moment of anger, I swore by divorce that I must take my right from him, even if it takes time. Afterwards, I traveled to Iraq and learned after a period that this friend of mine had died. What is required of me?"
Answer: If you intended by that to affirm to yourself that you would take your right and exact revenge from him, and you did not intend to bring about divorce, but rather intended to affirm to yourself and bind yourself to taking your right, then nothing is required of you except the expiation for an oath. You owe the expiation for an oath, which is: feeding ten poor people, or clothing them, or freeing a slave. If you feed ten poor people, either by providing them dinner or lunch, or by giving each one and a half kilograms of dates or rice, that suffices. Or if you clothe them with a garment, such as a shirt, that suffices. Or if you free a slave, that suffices. If you are unable to do so, you fast for three days. This is what is obligatory upon you.
However, if you intended to bring about divorce, and your intention was to divorce your wife if you did not take revenge, and that was your intent; then one divorce takes effect on your wife with this divorce, and you take her back. When you learned that he died and you did not take revenge, you take your wife back; because one divorce has occurred for her. You bear witness with two men that I have taken back my wife. You say: "Bear witness, so-and-so and so-and-so, that I have taken back my wife so-and-so." This is if you intended divorce, intended to bring about divorce, and you had not previously pronounced two divorces. But if you did not intend divorce, but rather intended to affirm to yourself and resolve in your heart that you would take revenge, then no divorce takes effect, and you owe the expiation for an oath. But if you intended divorce and you had previously pronounced two divorces, then this becomes the third, and she is not lawful to you until she marries another husband; due to the saying of the Exalted regarding divorce: [al-Baqarah:229] until He, the Exalted, said: meaning: the third [al-Baqarah:230]. I hope you understood the intended meaning. Yes.
The presenter: May Allah reward you with good.
Answer: If you intended by that to affirm to yourself that you would take your right and exact revenge from him, and you did not intend to bring about divorce, but rather intended to affirm to yourself and bind yourself to taking your right, then nothing is required of you except the expiation for an oath. You owe the expiation for an oath, which is: feeding ten poor people, or clothing them, or freeing a slave. If you feed ten poor people, either by providing them dinner or lunch, or by giving each one and a half kilograms of dates or rice, that suffices. Or if you clothe them with a garment, such as a shirt, that suffices. Or if you free a slave, that suffices. If you are unable to do so, you fast for three days. This is what is obligatory upon you.
However, if you intended to bring about divorce, and your intention was to divorce your wife if you did not take revenge, and that was your intent; then one divorce takes effect on your wife with this divorce, and you take her back. When you learned that he died and you did not take revenge, you take your wife back; because one divorce has occurred for her. You bear witness with two men that I have taken back my wife. You say: "Bear witness, so-and-so and so-and-so, that I have taken back my wife so-and-so." This is if you intended divorce, intended to bring about divorce, and you had not previously pronounced two divorces. But if you did not intend divorce, but rather intended to affirm to yourself and resolve in your heart that you would take revenge, then no divorce takes effect, and you owe the expiation for an oath. But if you intended divorce and you had previously pronounced two divorces, then this becomes the third, and she is not lawful to you until she marries another husband; due to the saying of the Exalted regarding divorce:
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍIf he divorces her
فَإِنْ طَلَّقَهَاshe is not lawful to him afterward until [after] she marries a husband other than him
فَلا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّى تَنكِحَ زَوْجًا غَيْرَهُThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.