Does the husband's saying to his wife: "It is forbidden upon me by my religion that I ever come near you again" make her unlawful to him, or does it necessitate expiation?
A husband's leniency regarding divorce and his mockery of Allah's rulings are forbidden. The divorce of one who jokes is effective if the wife is still under his marital authority, meaning if the husband had taken her back before the end of her waiting period from a previous divorce, or if she is still in the waiting period from a revocable divorce, or if she has not been divorced at all. If the husband utters the words "By divorce, I swear" three times while breaking his oath, and he is aware of what he is saying, and his wife is under his marital authority, then a major irrevocable divorce has occurred between them. She is not lawful for him until she marries another man out of genuine desire, and he divorces her after consummating the marriage. Sexual relations between them are forbidden in this case. As for swearing by "By what is unlawful from my religion," it does not necessitate divorce or expiation according to the majority of scholars, but it is a heinous evil, and the husband must repent to Allah and seek His forgiveness.
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- Original fatwa ID
- 122706
- Imported
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