🌙SAHIH DEEN صحيح دين🌙
Divorce and Waiting Period
Post 036
🔊Words of Oath - 03🔊
Issue:
If a person takes an oath and then wants to break it within the four months but is not able to have sexual relations with his wife for any reason beyond his control (e.g. He is ill or his wife is ill, she is menstruating, he is impotent, he has been castrated, his wife is so far away that he is not able to reach her before the four months are up, he is imprisoned, the wife will not allow him to have relations with her, or he does not know where she is etc). In situations like this he should revoke the oath with his words and say ‘I reconcile with you’ or ‘I cancel the oath’ or say ‘I take back my oath’ etc and saying these words will cancel and invalidate the oath.
This means that even if relations do not take place within the four months a divorce will not be applicable. To be on the safe side, these words should be said in front of witnesses. However, if the oath was absolute then the conditions still apply and when he does have sexual relations with her he will have to pay compensation for breaking the oath.
If the oath was for four months and he has relations with her after four months then no compensation is payable. A condition of the verbal revoking of the oath is that the conditions which do not allow him to reconcile by having sexual relations have to be applicable for the whole time. If the conditions change within the four months and he is able to have relations with his wife then he must do so in order to reconcile.
(Durr E Mukhtar, Joharah, Bahaar etc)
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🌙SAHIH DEEN صحيح دين🌙
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