The ruling on swearing by divorce with the intention of prevention and intimidation
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This is a message received by the program from the brother (Mahmoud . A.) from Al-Jahra, Kuwait. He says in his message, and at its beginning: In the name of Allah, the Most Merciful, the Most Compassionate. Peace be upon you and Allah’s mercy and blessings. I offer a blessed greeting to the distinguished scholars of the Nur 'ala al-Darb program. I am a young Egyptian working in Kuwait, and my name is Mahmoud. I went to Egypt to spend my vacation, and while I was in the town, a conversation took place between me and my wife, and I became very angry with her. So I said: “If you go to the town where her people live, you are divorced and free,” meaning her family’s house. After I returned to Kuwait a second time, she sent me a letter saying: “I want to go to my family’s house,” meaning she was upset by what I had said to her. So I agreed and sent her a letter with my approval while I was still in Kuwait, and she went with my approval. Will the oath be considered valid? Knowing that I swore the oath intending to intimidate her and I did not feel the weight of the oath. Do I have to pay the expiation for an oath, or is the oath valid? And if I have to pay the expiation for an oath, do I pay it to ten individuals or to one individual? And if it is calculated in dinars, as is the case with us in Kuwait, how many dinars do I pay? Please inform us, may Allah reward you.
Answer: If the situation is as you described, and you divorced her on the condition that she not go to her family with the intention of intimidating and preventing her, not with the intention of effecting the divorce, then the divorce does not take place. This is based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1. So as long as when you prevented her from going to her family, or divorced her on that condition, you intended to prevent and intimidate her, not to effect the divorce on her if she went, then you only have to pay the expiation for an oath. This is feeding ten poor people, with each poor person receiving half a sa' of dates, or rice, or other staple food of the country. It must be ten people; it is not given to one person. It must be food, and money is not sufficient, neither dinars nor anything else. The obligation is to provide it in the form of food, either by feeding them dinner in your house or lunch, even if they are separate, even two by two, one by one, until you complete the ten. Or you give them the food in their hands: half a sa', which is one and a half kilograms of dates, rice, or wheat, meaning the staple food of the country. That is sufficient, and praise be to Allah, and the divorce does not take place.
And if you intended by this statement that she would not go to them without your permission, intending this permission, and then you gave her permission, then there is nothing on you, no expiation or anything else. If you intended “with your permission,” meaning that her going to her family and visiting her family is only with my permission, and that is your intention, and that whenever you give permission, there is nothing, and you have given her permission, then nothing takes place, praise be to Allah. But if you did not intend permission, but said: “You are divorced if you do not go to your family, and if you go, you are divorced,” and your intention was to prevent and intimidate her, then with this permission, it becomes permissible for her to go to her family, and you have to pay the aforementioned expiation, which is the expiation for an oath, which is feeding ten poor people, ten destitute people. Yes.
The presenter: May Allah reward you.
Answer: If the situation is as you described, and you divorced her on the condition that she not go to her family with the intention of intimidating and preventing her, not with the intention of effecting the divorce, then the divorce does not take place. This is 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 نوىAnd if you intended by this statement that she would not go to them without your permission, intending this permission, and then you gave her permission, then there is nothing on you, no expiation or anything else. If you intended “with your permission,” meaning that her going to her family and visiting her family is only with my permission, and that is your intention, and that whenever you give permission, there is nothing, and you have given her permission, then nothing takes place, praise be to Allah. But if you did not intend permission, but said: “You are divorced if you do not go to your family, and if you go, you are divorced,” and your intention was to prevent and intimidate her, then with this permission, it becomes permissible for her to go to her family, and you have to pay the aforementioned expiation, which is the expiation for an oath, which is feeding ten poor people, ten destitute people. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
