Divorce Wording, Oaths and Conditions
This subtopic gathers questions on whether particular words count as divorce. These include conditional formulas, oaths sworn by divorce, and words said in anger, jest or doubt. It also covers how many divorces they effect, and zihar and ila', vows concerning the wife, with their expiation.
Questions readers ask here:
- Is it permissible to be released from an oath of divorce sworn to the wife?
- Does divorce take place if a husband utters it based on a Photoshop image later found untrue?
- Does divorce take effect if Facebook is opened after the husband swore by divorce not to open it?
- Does divorce take effect if it crosses the husband's mind and he utters the word "divorce"?
Steps after a divorce, such as the waiting period (iddah), taking back or custody, belong under Divorce and Its Rulings.
14 questions
Does divorce occur by saying "Go" to my wife in the bathroom, and by repeating the command to my mother during a stressful situation, and should I act upon the Sheikh's fatwa that divorce does not occur?
Does a divorce occur by the husband's saying: "If you watch pornographic films, you are divorced," if a pornographic image appears to him unintentionally, and he immediately closes it?
Does a divorce take place if a man says, "If I watch evil movies, my wife is divorced with a single divorce," and he watches them without the intention of divorce? And is it permissible to take back the wife merely by saying, "O Allah, if this divorce has occurred, I have taken back my wife," if he is alone?
Does a husband's statement to his angry wife: "By Allah, you will not go to so-and-so, and you will remain in my responsibility (dhimma) and in my house" constitute a divorce or an oath?
Does divorce occur if the husband engages in masturbation without viewing pornographic websites or films, given that the wife's suspension of divorce was contingent upon the viewing of those websites and films and the occurrence of masturbation together?
Does an oath of divorce take effect when the husband stipulates the wife's marital infidelity, with the wife knowing of her innocence and invoking a curse upon herself to prove her innocence?
Does divorce occur by saying, "Upon me be divorce if I do not betray her," with the intention of pleasing the wife, and is it considered a contingent divorce or an oath?
Does divorce take effect if the wife watches a pornographic video after her husband swore to divorce her if she saw anything of that nature?
What is the ruling of the Sharia regarding conjugal relations with one's wife and her subsequent pregnancy after she was declared unlawful (haram) – by saying "She is haram for me, like my mother and sister" – for riding alone in a car with a man, while she was forgetful? And what is the expiation for that? And is the pregnancy resulting from this intercourse unlawful?
Does divorce take effect if the wife says to her husband, "I do not fear Allah," while in a state of extreme anger?
Can one retract an oath that states: "If you leave the house with your hair uncovered, then consider yourself divorced," in order to avoid the occurrence of divorce if the wife goes out forgetfully without covering her hair?
Would it be considered a divorce if the husband said to his wife's mother, "خلصيها خلصيها وأنتِ طالق" (Deal with her, deal with her, and you are divorced), if he intended to address the mother and did not intend to divorce his wife?
Does divorce occur if one of the questioner's children dies due to his wife's negligence, based on his statement to her in a fit of anger: "If one day any of my children dies because of your negligence, you are not lawful to me"?
What is the ruling on saying "You are Haram to me" without the intention of divorce, and does anything result from it, knowing that the speaker is not Sudanese but lives among them, and this phrase is common among them?