Ruling on one who swears three times by divorce that he will not speak to his sister
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Question:
Another person says: My sister angered me greatly, so I swore three times by divorce that I would not speak to her, that I would not greet her as long as she is alive, and that she would not enter my house. I am now regretful and want to visit her. I have changed my place of residence from Ta'if to the land of Banu Malik. What is the ruling?
Answer:
If a man divorces [his wife] on the condition that he will not visit so-and-so, or that he will not speak to so-and-so, the ruling is not tied to the house, but to the person wherever he is. If the house changes, the ruling does not change, unless he specified this particular house, saying, "I will not visit her in this specific house," intending that specific house, or "I will not speak to her as long as she is in this specific house," if he intended that specific house. Then, if he moves away from it, the ruling ceases. However, as long as the intention is to boycott him, as long as the intention is to be angry with him, the ruling follows him, whether he is in Najd, in the Hijaz, or anywhere else.
But if the intention is divorce, and that he will not speak to her, and that he will not, and that he will not, if the intention is to restrain himself from visiting her and speaking to her, and the intention is not to separate from his wife if he speaks to her, then its ruling is the ruling of an oath, and he owes the expiation for an oath, which is feeding ten poor people, or clothing them, and if he invites them to dinner or lunch, that suffices, or he gives each one half a sa' of dates, or rice, or the like, which is one and a half kilograms, and that suffices. This is if his intention was to prevent himself from speaking to her and visiting her.
As for if he intends by that that whenever he speaks to her, the divorce takes place, whenever he speaks to her, he separates from his wife, one of the three divorces takes place. If he says, "You are divorced with three, if I visit her, or speak to her," one divorce takes place. If he intends for the divorce to take place, one divorce takes place, and he takes her back if she does not have two divorces. If he has not divorced her twice, this becomes one divorce if he speaks to his sister, if the intention is to separate from his wife if he speaks to her.
As for if the intention is not that, if the intention is to restrain himself from visiting her and speaking to her, and the intention is not to separate from his wife, then in this case, the expiation for the oath is sufficient, and he must repent to Allah for this.
Question: Do money not suffice for the expiation?
Answer: No, it must be either food or clothing.
Another person says: My sister angered me greatly, so I swore three times by divorce that I would not speak to her, that I would not greet her as long as she is alive, and that she would not enter my house. I am now regretful and want to visit her. I have changed my place of residence from Ta'if to the land of Banu Malik. What is the ruling?
Answer:
If a man divorces [his wife] on the condition that he will not visit so-and-so, or that he will not speak to so-and-so, the ruling is not tied to the house, but to the person wherever he is. If the house changes, the ruling does not change, unless he specified this particular house, saying, "I will not visit her in this specific house," intending that specific house, or "I will not speak to her as long as she is in this specific house," if he intended that specific house. Then, if he moves away from it, the ruling ceases. However, as long as the intention is to boycott him, as long as the intention is to be angry with him, the ruling follows him, whether he is in Najd, in the Hijaz, or anywhere else.
But if the intention is divorce, and that he will not speak to her, and that he will not, and that he will not, if the intention is to restrain himself from visiting her and speaking to her, and the intention is not to separate from his wife if he speaks to her, then its ruling is the ruling of an oath, and he owes the expiation for an oath, which is feeding ten poor people, or clothing them, and if he invites them to dinner or lunch, that suffices, or he gives each one half a sa' of dates, or rice, or the like, which is one and a half kilograms, and that suffices. This is if his intention was to prevent himself from speaking to her and visiting her.
As for if he intends by that that whenever he speaks to her, the divorce takes place, whenever he speaks to her, he separates from his wife, one of the three divorces takes place. If he says, "You are divorced with three, if I visit her, or speak to her," one divorce takes place. If he intends for the divorce to take place, one divorce takes place, and he takes her back if she does not have two divorces. If he has not divorced her twice, this becomes one divorce if he speaks to his sister, if the intention is to separate from his wife if he speaks to her.
As for if the intention is not that, if the intention is to restrain himself from visiting her and speaking to her, and the intention is not to separate from his wife, then in this case, the expiation for the oath is sufficient, and he must repent to Allah for this.
Question: Do money not suffice for the expiation?
Answer: No, it must be either food or clothing.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.