The ruling on one who swears by divorce
Machine translationRead the Arabic original
Question:
I swore by divorce that I would take my wife to her mother’s house to visit and greet her, but my circumstances did not allow me to do so, and I did not fulfill my vow. Today I am confused, so please advise me on what is required of me. May Allah reward you with good.
Answer:
As I heard, if you said, “Divorce is upon me” ... it covers it, for example: “Divorce is upon me if I do not take you to your mother,” and your intention was ... that you would deliver her to her mother for a visit, and your intention was not to part with her if you did not do it, but rather you intended to emphasize to yourself that you would deliver her to her mother, but it did not work out—due to the special circumstances that prevented it—then in this case, you owe the expiation for an oath.
However, if your intention was that if you did not take her, you would divorce her—meaning the intention of pronouncing divorce—then one divorce takes effect on her, if you said this once or ... the first time, one divorce takes effect on her. If you delayed taking her past the time you specified in your intention, if you were late, one divorce takes effect if ... one divorce. But if you did not intend to pronounce the divorce, but rather intended to emphasize and stress the matter so that you would take her, but your intention was to pronounce the divorce ... then its ruling is the ruling of an oath, and you owe its expiation, and no divorce takes effect.
I swore by divorce that I would take my wife to her mother’s house to visit and greet her, but my circumstances did not allow me to do so, and I did not fulfill my vow. Today I am confused, so please advise me on what is required of me. May Allah reward you with good.
Answer:
As I heard, if you said, “Divorce is upon me” ... it covers it, for example: “Divorce is upon me if I do not take you to your mother,” and your intention was ... that you would deliver her to her mother for a visit, and your intention was not to part with her if you did not do it, but rather you intended to emphasize to yourself that you would deliver her to her mother, but it did not work out—due to the special circumstances that prevented it—then in this case, you owe the expiation for an oath.
However, if your intention was that if you did not take her, you would divorce her—meaning the intention of pronouncing divorce—then one divorce takes effect on her, if you said this once or ... the first time, one divorce takes effect on her. If you delayed taking her past the time you specified in your intention, if you were late, one divorce takes effect if ... one divorce. But if you did not intend to pronounce the divorce, but rather intended to emphasize and stress the matter so that you would take her, but your intention was to pronounce the divorce ... then its ruling is the ruling of an oath, and you owe its expiation, and no divorce takes effect.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
