Islam Question and Answer - Her husband frequently swears by divorce. Is she still married to him?

Her husband frequently swears by divorce. Is she still married to him?

My husband is always swearing by divorce, i.e., he says, “My wife is divorced if I do such and such” then he does not do what he swore to do. My husband has told me several times that it was an oath sworn in anger, then a few days after that, he does it again and repeats the same oath of divorce. 


Firstly: Am I still married to him?


Secondly: Is there any expiation that my husband must offer? 


Thirdly: What is the Islamic way of dealing with this situation?.

 

Praise be to Allaah.

Firstly:  

The ruling
on whether you are still married to him or not depends on whether divorce
actually took place or not. It is well known that if a woman has been
divorced three times, then she becomes irrevocably divorced from her husband
and is not permissible for him until she has been married to another
husband. 

What you
have mentioned is that your husband frequently says, “My wife is divorced if
I do such and such” then he does not do it. This is something concerning
which the scholars have differed. The majority are of the view that divorce
does take place if the oath is broken, i.e., if he does not do what he swore
he would do.

See: al-Mughni (7/372). 

Some of the
scholars – including Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on
him) – were of the view that if a person issues a divorce in the form of an
oath, but his intention was to ensure doing something or refrain from doing
something, then if the oath is broken he has to offer kafaarat yameen
(expiation for breaking an oath) only, and the divorce does not count as
such. This is what was stated in fatwas by Shaykh Ibn Baaz and Shaykh Ibn
‘Uthaymeen (may Allaah have mercy on them). Based on this opinion, your
husband’s intention should be examined. If he intended that a divorce should
take place when the condition was fulfilled, then divorce has taken place,
but if he intended to prevent himself or someone else from doing something,
or to compel himself or someone else to do something, then he broke the
oath, then this is an oath which may be expiated by offering kafaarat
yameen. See the answer to question no.
39941. 

Kafaarat
yameen (expiation for breaking an oath) involves freeing a slave or feeding
or clothing ten poor persons; if that is not possible then one must fast for
three days. 

Secondly: 

With regard
to divorce issued at a time of anger, in some cases it counts as such and in
some cases it does not, depending on the type and degree of anger. For more
details on that please see the answer to question no.
22034. 

Thirdly: 

The Islamic
way of dealing with this problem is for your husband to understand the
seriousness of uttering words of divorce and the consequences of that, as it
exposes his married life to destruction. It is sufficient for him to note
that his staying with his wife now is a matter concerning which the scholars
differed, and the majority of them are of the view that he has divorced her
three times, especially if he utters these words frequently. Perhaps he has
divorced her ten times. Would a Muslim be happy for his staying with his
wife to be the subject of a difference of opinion among the scholars, most
of whom say that it is not permissible for you to stay with her? Verily to
Allaah we belong and unto Him is our return. 

What he has
to do is fear Allaah and understand the seriousness of the words that have
come out of his mouth. He should not swear by anything except Allaah, and he
should stop swearing by anything else. We ask Allaah to keep us and you safe
and sound. 

And Allaah
knows best.

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