The ruling on one who swears by divorce that his wife will do such-and-such, and she did it
Machine translationRead the Arabic original
This is a message that reached the program from the Eastern Region, sent by one of the brothers from there. He says: Sayyid (A. A. A.), our brother, says in his message: On one occasion, I swore to my wife and said: If you use any type of perfume or henna, or use them to please one of the women, while I am present in the apartment we live in, then you are divorced. I did not make this decision except after effort, repetition, and attempts to convince her to stop using them while I am present, because these perfumes and scents cause me severe headaches and discomfort. It is known that the scent of perfumes does not dissipate quickly from the apartment. After several months had passed, my wife forgot this oath and took a bottle of perfume, opened it, put her finger inside the bottle, and wiped it. After that, she remembered the oath and hurried to another place and informed me of it, while I was sleeping inside the house. I ask your eminence to inform me of what happened. May Allah reward you with good?
Answer: If the woman did that out of forgetfulness, as you said in the question, then there is nothing upon you and nothing upon her. Allah the Exalted says: [al-Baqarah: 286], and it is authentic from the Messenger of Allah (peace and blessings be upon him) that Allah said: , so the one who forgets has nothing upon him, and praise be to Allah. However, if she did it intentionally, and you intended to prevent her but did not intend to part with her, rather you intended to prevent her and frighten her, then if she did it intentionally, you must pay the expiation for an oath, and the divorce does not take place if the intention was to prevent her, frighten her, and warn her. But if the intention was to effect the divorce if she did it, then if she did it intentionally, one divorce takes place with the words you said. And if it was out of forgetfulness, then nothing takes place, and praise be to Allah. Yes.
Answer: If the woman did that out of forgetfulness, as you said in the question, then there is nothing upon you and nothing upon her. Allah the Exalted says:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاHe has done so
قد فعلت
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
