The ruling on one who forbids his wife to himself
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Question:
If the husband says, "It is forbidden for me," and he does not intend divorce, and likewise if he says, "You are forbidden to me," and he intends divorce, does this count as a divorce?
Answer:
If he says, "You are forbidden to me," and he intends divorce, the correct view is that it is a divorce, specifically one revocable divorce according to the correct view. If he says, "It is forbidden for me to do such-and-such," there are two interpretations:
The first is: That he intends divorce, meaning: it depends on his intention. If he intends divorce, and that if he does such-and-such, the divorce takes place, then the divorce takes place.
As for if he intends to prevent himself from doing that thing, saying, "It is forbidden for me to talk to so-and-so," "It is forbidden for me to go to her," "It is forbidden for me to speak to so-and-so," with the intention of preventing himself—and not intending divorce—there is disagreement among the scholars. The correct view is that it is treated as an oath, and he owes the expiation for an oath; because his intention is prevention, not divorce. And the Messenger of Allah (peace and blessings be upon him) said:.
So if his intention is prevention, saying, "It is forbidden for me to talk to so-and-so," "It is forbidden for me to go to anyone," "It is forbidden for me to speak to so-and-so," without intending to effect the divorce, but rather intending to frighten her and prevent her; the correct view in this case is that he owes the expiation for an oath.
As for if he intends to effect the divorce, to prevent her, and to effect the divorce; then the divorce takes place as one revocable divorce, unless he repeats, "It is forbidden for me," "It is forbidden for me," "It is forbidden for me," intending three, in which case the three divorces take place.
If the husband says, "It is forbidden for me," and he does not intend divorce, and likewise if he says, "You are forbidden to me," and he intends divorce, does this count as a divorce?
Answer:
If he says, "You are forbidden to me," and he intends divorce, the correct view is that it is a divorce, specifically one revocable divorce according to the correct view. If he says, "It is forbidden for me to do such-and-such," there are two interpretations:
The first is: That he intends divorce, meaning: it depends on his intention. If he intends divorce, and that if he does such-and-such, the divorce takes place, then the divorce takes place.
As for if he intends to prevent himself from doing that thing, saying, "It is forbidden for me to talk to so-and-so," "It is forbidden for me to go to her," "It is forbidden for me to speak to so-and-so," with the intention of preventing himself—and not intending divorce—there is disagreement among the scholars. The correct view is that it is treated as an oath, and he owes the expiation for an oath; because his intention is prevention, not divorce. And the Messenger of Allah (peace and blessings be upon him) said:
Actions are by intentions
الأعمال بالنياتSo if his intention is prevention, saying, "It is forbidden for me to talk to so-and-so," "It is forbidden for me to go to anyone," "It is forbidden for me to speak to so-and-so," without intending to effect the divorce, but rather intending to frighten her and prevent her; the correct view in this case is that he owes the expiation for an oath.
As for if he intends to effect the divorce, to prevent her, and to effect the divorce; then the divorce takes place as one revocable divorce, unless he repeats, "It is forbidden for me," "It is forbidden for me," "It is forbidden for me," intending three, in which case the three divorces take place.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
