Back to search
The question

Does divorce occur with the statement: "By divorce, this computer will no longer work" if the intention was to prevent the wife from watching TV series on it, and then the computer was used later?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Scholars have differed concerning the ruling on swearing by divorce and making it conditional. The majority of scholars hold that divorce occurs absolutely upon breaching such an oath, and this is the given. However, Shaykh al-Islam Ibn Taymiyyah is of the view that if swearing by divorce is intended for emphasis, prevention, or incitement, then expiation for an oath (kaffarat ) becomes obligatory upon breaching it, and divorce does not occur.

Therefore, the fatwa given is that divorce has occurred in this case, and you must reconcile with your wife before the ' (waiting period) expires, provided this divorce does not complete the three divorces. However, if by the wording you merely intended to swear by divorce, then it appears that no divorce occurs and no expiation is required, because it is a void oath.

It is obligatory to prevent the wife from watching TV series that contain شرعي (-违规) violations. She must also obey her husband in what is good and permissible, and he has the right to discipline her by admonition, then by boycotting her in bed, then by light, non-injurious beating if she disobeys.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
140582
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy