Sunday, November 4, 2012

He said to his wife: I swear a threefold oath (of divorce) that you willgo to school

1. I said to my wife: I swear a threefold oath (of divorce) that you
willgo to school and study. So she started going, butshe may skip
classes.
2. I said to my wife: I swear a threefold oath (of divorce) that you
willgo to school tomorrow and the day after, so she went and did not
skip class.
3. I had an argument with my wife and I was extremely angry, to the
point that I was sweating, and suddenly Isaid to her without thinking:
You are divorced. Please note that she is pregnant.
What is the ruling on swearing an oath in these two ways? Have I
divorced my wife or not?Is the third time regarded as a third and
final divorce? If it is not, what do I have to do to take my wife
back?.
Praise be to Allaah.
Firstly:
Your saying "I swear an oath …" is not a clear statement of divorce;
rather it is a kind of metaphor, so it depends on your intention:
1. If your intention was to encourage her to go to school and
preventher from missing classes,and you did not intend to divorce her
if she refused to go, then she is not divorced if she misses classes,
but you have to offer expiation for breaking an oath.
2. If you did intend divorce in this case, i.e., that she would be
divorced if she did not go, then she is divorced if she did not go.
3. If she went then skipped class, this also depends on your
intention. If what you meant was that she should never skip class,
then it counts as a divorce; but if you meant that she should go and
not refuse, and itnever occurred to you that she would skip classafter
going, then no divorce has taken place if she missed classes.
4. If divorce has taken place, then it counts as one talaaq.
Secondly:
Divorce in the case of anger is subject to further discussion, as
hasbeen explained previously in the answerto question no. 22034
Thirdly:
The number of divorces depends on the details discussed above.
But we should point out that even if divorce has taken place, then the
talaaq is repeated during the 'iddah, before taking the wife back
following the first divorce, then only one divorce has taken place
according to the more correct scholarly view.
See the answer to question no. 126549
We should also point outthe importance of refraining from using the
words of divorce (talaaq), so as to protect your household and family.
And Allah knows best.

No comments:

Post a Comment