Meaning of oath of divorce depends on husband's intention

Question

My husband told me to place my hand on the Quran and swear that I would not do a certain act (which he told me not to do. I do not want to disclose what it is that he does not want me to do). I told him that I would not do it. He told me to put my hand on the Quran at that very time and say that I would not do it. I asked him why I would have to put my hand on the Quran for that and told him that he did not trust me. Then he said that if I did not place my hand on the Quran before March 22, 2017, I will be divorced. He says that he intended divorce when saying it. He did not mention how I should put my hand on it. He simply said, “Place your hand on the Quran before March 22, 2017, or you will be divorced.” My question is: will my placing my hand be acceptable if I do not perform ablution and spread a single or double layer of cloth on the Quran and then place my hand on it without directly touching it? Will this be ok in order to fulfil the condition and not be divorced coming March 22, 2017? Or do I have to place my hand without the piece of cloth in between my hand and the Quran given that he said that it was a condition that I place my hand on it? Even if there is no hardship in performing ablution nor any excuse for not doing so, is it still ok to place my hand on the Quran with a piece of cloth and without ablution and have the condition fulfilled even though he said that I am to place my hand on the Quran? And if I did not perform ablution and placed my hand directly on the Quran without a piece of cloth, will the condition have been fulfilled? Please answer these queries. Thank 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  is His slave and Messenger.

With regard to what is related to fulfilling the oath of your husband in this matter, then this depends on his intention by telling you to put your hand on the Quran. If he intended that you place your hand directly on the Quran, then his oath can only be fulfilled by placing your hand directly on the Quran, but if he intended that you put your hand on the Quran, even if indirectly, then his oath is fulfilled by putting your hand on the Quran even by placing a cloth between your hand and the Quran.

Ibn Qudaamah, may Allah have mercy on him, said, “In brief, the oath depends on the intention of the person who made it; so if he intended with his oath what it may possibly be understood to mean, then his oath is understood to mean it whether what he intended corresponds to the apparent meaning of the words that he used or not...”

As regards the ruling on putting the hand on the Quran for a person who is not in a state of ablution, then the matter is flexible and you can act according to the view of those who say that it is permissible to do that with a barrier, such as cloth or the like, even if performing ablution is not difficult for you.

Allah knows best.

-islamweb.net