Ruling on one who swears to divorce his wife with the intention of threatening, not separating
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Question:
I am a married man, and I have a son. My wife is in her first month of pregnancy. My wife went out with my brother to the hospital without my permission or my father's permission. This angered me, but not to the point of losing my mind; I am aware of what I say, and I can prevent myself from saying any word I do not want to utter. So I swore to divorce my wife with the intention of threatening, not with the intention of separating; because I had previously sworn by Allah upon her, and she provoked me, and I expiated my oath. So I swore to divorce her, hoping she would stop disobeying me. This is the text of the oath:
"I divorce you with three forbidden, or prohibited, divorces if you go out of the house without my permission, that I will take you to your family." And after exchanging words between us, he said: "If you go out of the door opening by one shibr without my permission, you are divorced." Two days later, she went out with my father to the hospital without my permission, although I was present. However, she says that she did not hear the divorce. Now I want to take her back for the sake of my son and for the sake of the fetus in her womb. Please advise us, may Allah reward you. I intended threatening in both cases. If she is in her first month of pregnancy, when does her waiting period end? That is, what is the last date for taking her back? And am I obligated to provide her financial maintenance while she is currently in her father's house?
Answer:
If the reality is as the questioner described, then the ruling on this speech is the ruling of an oath; because the intention was to threaten her and frighten her, and the intention was not to effect the divorce. So, regarding what you did the first time, you owe the expiation of an oath, which is: feeding ten poor people, or clothing them, due to her going out, if she did it intentionally and knowingly. But as long as she did not hear the words, you owe nothing; because she was ignorant or forgetful. If she had done it while forgetful, it would be the same; because Allah says: [al-Baqarah:286]
And it is authentic from the Messenger of Allah (peace and blessings be upon him) that he said: So if she went out while ignorant, not knowing about his oath, not having heard it, or being forgetful, he owes no expiation. But if she did it intentionally and was remembering, if she did it intentionally, you owe the expiation of an oath, as long as the intention was threatening and preventing, and the intention was not to separate from her. Perhaps you understood.
I am a married man, and I have a son. My wife is in her first month of pregnancy. My wife went out with my brother to the hospital without my permission or my father's permission. This angered me, but not to the point of losing my mind; I am aware of what I say, and I can prevent myself from saying any word I do not want to utter. So I swore to divorce my wife with the intention of threatening, not with the intention of separating; because I had previously sworn by Allah upon her, and she provoked me, and I expiated my oath. So I swore to divorce her, hoping she would stop disobeying me. This is the text of the oath:
"I divorce you with three forbidden, or prohibited, divorces if you go out of the house without my permission, that I will take you to your family." And after exchanging words between us, he said: "If you go out of the door opening by one shibr without my permission, you are divorced." Two days later, she went out with my father to the hospital without my permission, although I was present. However, she says that she did not hear the divorce. Now I want to take her back for the sake of my son and for the sake of the fetus in her womb. Please advise us, may Allah reward you. I intended threatening in both cases. If she is in her first month of pregnancy, when does her waiting period end? That is, what is the last date for taking her back? And am I obligated to provide her financial maintenance while she is currently in her father's house?
Answer:
If the reality is as the questioner described, then the ruling on this speech is the ruling of an oath; because the intention was to threaten her and frighten her, and the intention was not to effect the divorce. So, regarding what you did the first time, you owe the expiation of an oath, which is: feeding ten poor people, or clothing them, due to her going out, if she did it intentionally and knowingly. But as long as she did not hear the words, you owe nothing; because she was ignorant or forgetful. If she had done it while forgetful, it would be the same; because Allah says:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لَا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاAnd it is authentic from the Messenger of Allah (peace and blessings be upon him) that he said:
Allah said: I have done so.
قال الله: قد فعلت
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
