The ruling on swearing an oath of triple divorce with a prohibition against doing something
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This is a message that reached us from the questioner Sulayman Abu Khalil, an Egyptian national working in Dammam. He says: I swore an oath of triple divorce to my wife while I was in a state of anger, declaring her forbidden to me like my mother or my sister if she went to her father's house during my absence. Until now, she has not gone. When I read a hadith of the Prophet (peace and blessings be upon him) saying: Sunan Abi Dawud 1696Sahih (Al-Albani) I would like to send her a message and tell her: Go to your family, but what is the ruling on my oath?
Answer: If you intended by that only to prevent her and did not intend to part with her if she went, but only intended to prevent her from going to her father's house, then this has the ruling of an oath, and you owe the expiation for an oath if she goes, and there is no harm in that. If you intended that she should not go without your permission, intending that she should not go except with your permission, and then you gave her permission, then you owe nothing. However, if you did not intend that she should not go except with your permission, but intended to divorce her and make her forbidden if she went, then if you give her permission and she goes, one divorce takes effect on you; one divorce takes effect on her according to the more correct of the two opinions of the scholars. And you owe the expiation for zihar if you intended to make her forbidden. The expiation for zihar is: freeing a believing male or female slave. If you are unable and cannot afford this freeing, then fasting for two consecutive months. If you cannot do that, then feed sixty poor people, thirty sa' for each poor person, half a sa' for each poor person, which is approximately one and a half kilograms, before you touch her, whether it is from rice, dates, or wheat, meaning from the staple food of the country. This is what is obligatory for you before you touch her, and one divorce takes effect on her if you intended to effect the divorce on her and make her forbidden. If you did not intend the divorce but only intended to prevent her from going, then you owe the expiation for an oath if she goes to her father's house, unless you intended in your heart that she should not go except with your permission, intending that she should not go except with your permission. If you give her permission, then you owe nothing. And Allah knows best. You should beware of this. It is not permissible for a Muslim to make his family forbidden, nor is it permissible for him to divorce with three. The lawful divorce is one; he divorces only once, and then if he is inclined, he divorces the second time, and so on. As for combining the three divorces, it is not permissible. Likewise, it is not permissible for him to make his wife forbidden; rather, it is an evil statement and a lie, as Allah has explained in His great Book. So it is obligatory for the Muslim to fear Allah and to beware of what Allah has forbidden for him. Among the things Allah has forbidden for him is divorce with three, making his wife forbidden, and zihar with her; all of this is evil. So it is obligatory for every husband to fear Allah and to seek the lawful divorce, divorcing her with one divorce... If he resolves to divorce, he divorces only once while she is in a state of purity, having not had intercourse with her, and she is not menstruating or in post-natal bleeding. This is what is prescribed: he divorces her in her state of purity and not having intercourse with her, meaning not having sexual relations with her, or in the state of her being pregnant, that she is pregnant. This is the lawful divorce, and the divorce is one, not three. As for making her forbidden, it is not permissible; he does not have the right to make her forbidden, saying: "She is forbidden to me" or "She is like my mother or my sister." All of this is not permissible. Rather, this is what Allah has condemned in His servants and guided them to leave, . We ask Allah for guidance for everyone. Yes.
The presenter: May Allah reward you.
Anyone who cuts off relationship from his nearest relatives will not enter Paradise.
لا يدخل الجنة قاطع رحمAnswer: If you intended by that only to prevent her and did not intend to part with her if she went, but only intended to prevent her from going to her father's house, then this has the ruling of an oath, and you owe the expiation for an oath if she goes, and there is no harm in that. If you intended that she should not go without your permission, intending that she should not go except with your permission, and then you gave her permission, then you owe nothing. However, if you did not intend that she should not go except with your permission, but intended to divorce her and make her forbidden if she went, then if you give her permission and she goes, one divorce takes effect on you; one divorce takes effect on her according to the more correct of the two opinions of the scholars. And you owe the expiation for zihar if you intended to make her forbidden. The expiation for zihar is: freeing a believing male or female slave. If you are unable and cannot afford this freeing, then fasting for two consecutive months. If you cannot do that, then feed sixty poor people, thirty sa' for each poor person, half a sa' for each poor person, which is approximately one and a half kilograms, before you touch her, whether it is from rice, dates, or wheat, meaning from the staple food of the country. This is what is obligatory for you before you touch her, and one divorce takes effect on her if you intended to effect the divorce on her and make her forbidden. If you did not intend the divorce but only intended to prevent her from going, then you owe the expiation for an oath if she goes to her father's house, unless you intended in your heart that she should not go except with your permission, intending that she should not go except with your permission. If you give her permission, then you owe nothing. And Allah knows best. You should beware of this. It is not permissible for a Muslim to make his family forbidden, nor is it permissible for him to divorce with three. The lawful divorce is one; he divorces only once, and then if he is inclined, he divorces the second time, and so on. As for combining the three divorces, it is not permissible. Likewise, it is not permissible for him to make his wife forbidden; rather, it is an evil statement and a lie, as Allah has explained in His great Book. So it is obligatory for the Muslim to fear Allah and to beware of what Allah has forbidden for him. Among the things Allah has forbidden for him is divorce with three, making his wife forbidden, and zihar with her; all of this is evil. So it is obligatory for every husband to fear Allah and to seek the lawful divorce, divorcing her with one divorce... If he resolves to divorce, he divorces only once while she is in a state of purity, having not had intercourse with her, and she is not menstruating or in post-natal bleeding. This is what is prescribed: he divorces her in her state of purity and not having intercourse with her, meaning not having sexual relations with her, or in the state of her being pregnant, that she is pregnant. This is the lawful divorce, and the divorce is one, not three. As for making her forbidden, it is not permissible; he does not have the right to make her forbidden, saying: "She is forbidden to me" or "She is like my mother or my sister." All of this is not permissible. Rather, this is what Allah has condemned in His servants and guided them to leave, . We ask Allah for guidance for everyone. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
