A case of conditional divorce

22-8-2013 | IslamWeb

Question:

Salaam, I have divorced my wife 3 times and returned her back based upon a scholars advice that I can invalidate on of the divorce since it was out of anger. We encountered another issue and she wrote me an email asking for divorce. I swore/vow that upon a second request for divorce in any form from her, I shall honor her request. She wrote me another (second) request few weeks later, I did not see the email. I engaged her in discussion on how to resolve our problems, during this period she lamented we did not follow the right procedure in returning her back as my wife hence she demanded we start all over again. I responded that since I was advised by a scholar I will not start the process over again as that will mean we have been having illegal sex. In her response to me, she said if I insist I will not do another marriage, she insist she should be divorced or will remain divorced. On this occasion (day) I stumbled on her second email demanding for divorce. As it turned out, she was acting with anger she later realized. Can our marriage subsist or remain? Thank you in anticipation. Abdallah

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

Taking an oath or vow to divorce your wife if she asks you to divorce her does not lead to divorce once she asks you for divorce. Rather, it is just a promise and you are not obliged to honor it.

Accordingly, if you have taken an oath by Allaah The Almighty, confirming that promise, then you should expiate for breaking your oath by feeding or clothing ten poor persons. If you cannot afford that, you should fast for three days.

Finally, the bond of marriage still exists between you and your wife as long as you sought a Fatwa from a trustworthy scholar and he told you that the first taking back of your wife was valid.

Allaah Knows best.