Swearing and taking an oath of divorce three times not to give someone something and then giving it to him
Q: What is the opinion of Your Eminence regarding a statement that I uttered during a dispute that occurred between me and my paternal cousin over irrigating some land whose irrigation is binding on me based on a legal contract? This paternal cousin irrigated his land without taking my permission, thus I took two oaths. First, I said,
"I swear by Allah, Whom there is no god but Him, I will not give you from the water of my land or else I will no longer be a follower of Islam
i.e. if I give him; Second:
I said: "I will divorce my wife irrevocably if I let you use this water of ours,'
since you have no evidence against me. You will do so only if I am dead or Shari`ah judges against me." However, my paternal uncle brought some men and came to me. They asked me to withdraw my words and allow him to irrigate his land from the water of my farm as much as Allah enables me to and according to good morals. Thus, I hope that Allah will enable your Eminence to give me your Fatwa regarding these two oaths that I made as mentioned above. May Allah safeguard you!
First: Your oath that you would not be a Muslim, if you allowed your cousin to irrigate from your farm is not permissible. You should repent and seek forgiveness. You should offer out expiation of an oath due to breaking your oath in this regard. The expiation is to feed ten needy persons, or clothe them, or free a believing bondsman. If you cannot afford any of the above, observe Sawm (fast) for three days.Second: If your intention in swearing to divorce your three wives (Part No. 23; Page No. 114) was that they would be divorced if you were to give permission to your paternal cousin and yet you did, then divorce takes place once of each one of your wives. You can take them back in marriage during their `Iddah (woman's prescribed waiting period after divorce or widowhood) provided that this divorce has not been preceded by two other divorce declarations. On the other hand, if your intention of swearing by divorce is to withhold yourself from allowing your paternal cousin to irrigate his land through your farm but you did not intend divorce, then divorce does not take place and you must offer expiation of an oath as mentioned.May Allah grant us success. May Allah's Peace and Blessings be upon our Prophet Muhammad, his family, and Companions!