What is the ruling on uttering "haram, haram, haram" in relation to divorce? Is expiation (kaffarah) obligatory for someone who swore by it if his son leaves the house without consulting him? And is it permissible to give the expiation in cash?
The phrase ", haram, haram of divorce, if your son leaves the house without consulting me, he will not enter it again" is ambiguous. The ruling on swearing by the word "haram" depends on the intention of the one who swears:
- If you intended divorce: It is considered a triple divorce, unless you intended emphasis, not repetition. And your son's entry would cause the divorce to fall upon your wife. If it was less than a triple divorce, you can take her back before the ' (waiting period) expires. - If you intended zihar (a pre-Islamic form of divorce): Your son's entry would cause zihar to fall, and it would not be permissible for you to enjoy your wife before expiation. - If you intended an oath or nothing at all: An expiation for an oath is due.
Ibn Taymiyyah holds the view that a conditional divorce made for threat, incitement, prohibition, or emphasis does not take effect, and an expiation for an oath is due in such a case (feeding or clothing ten poor people, or fasting for three days).
"Of divorce" (أنتاع الطلاق): If it was an oath by divorce, then it was a divorce in addition to what you intended from zihar or an oath.
It is advisable to present the matter to a court or trusted scholars.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/121004
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 121004
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy