Promise of divorce is not effective divorce
Fatwa No: 360403

  • Fatwa Date:3-1-2018 - Rabee' Al-Aakhir 16, 1439
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Question

In the name of Allah. Assalaamu alaykum. About a year ago, I did something with my husband's phone. He saw that and said in anger, "If you do that again, I swear to Allah, those words will come out of my mouth."After saying a few sentences in anger, he said, "If you do it again, I swear to Allah, those three words, those three words." After a few seconds of silence, he said, "You will hear something and cry your whole life." I tried to ask him about his intention, but he does not remember this incident at all. Please answer the following questions:
1. Does this mean that he will divorce me, or is it an automatic divorce?
2. How many divorces would it be if I did it more than once? I have not done the same thing again, but I did something similar to that. Please help. May Allah reward you.

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger. 

If those are the words which your husband uttered, then they do not include any of the words of divorce, and if he intended by them that he would divorce you, then this is called a promise of divorce, and the promise of divorce does not lead to anything, as we have already clarified in fatwas 89065 and 90318.

He does not break his oath unless you did that same thing on which he swore on you not to do again.

We advise you both to endeavor to keep good marital relations and to aim for understanding if any problem occurs between you. You should not leave any chance for the devil to spoil your marriage, as he is keen one separating loved ones. Jaabir  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said, “Indeed, Iblees (Satan) places his throne upon water; he then sends out his detachments; the nearest to him in rank are those who are most notorious in creating dissension. One of them comes and says, ‘I did such and such,’ and Iblees says, ‘You have done nothing.’ Then one amongst them comes and says, ‘I did not spare so-and-so until I separated between him and his wife.’ Iblees goes near him and says, ‘You have done well.’” [Muslim]

Allah knows best.

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