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7 July 2026 • 1.52K views
The Seriousness of Giving Fatwas on Divorce Sheikh Abdussalām Ash-Shuwa'ir hafidhahullah said: We should know that giving religious rulings (fatwas) about divorce is a very serious matter! Ibn Abī Khaythamah narrated in his Tarikh, with an authentic chain of transmission, that the scholars of Madinah during the time of the Tābiʿūn (the generation after the Companions) would not issue rulings when they were asked about matters of divorce. Instead, they would refer people to Saʿīd ibn Al-Musayyib. These scholars were the sons of the Companions and the students of the Companions, yet despite their knowledge, they did not give rulings on divorce. They referred people to one man only—Saʿīd—because he was among the most knowledgeable of the Tābiʿūn regarding the rulings of divorce. For this reason, a person must be careful and fear Allah when giving religious rulings in general, and especially in matters of divorce. The subject of divorce is extremely serious. It was also said that in Makkah, no one was more knowledgeable about the rulings of divorce than Saʿīd ibn Sufyān ibn ʿUyaynah Al-Hilālī Al-Makkī, Abū Muḥammad. Nowadays, you sometimes hear students of knowledge on the radio or television treating this issue too lightly. I mentioned earlier the issue of conditional divorce. They adopt the opinion of those who say that an oath made using divorce does not count as a divorce. They say, "If your intention was only to encourage someone, prevent someone, confirm something, or deny something, then your divorce does not take effect," and they attribute this view to Shaykh Taqī Ad-Dīn. However, Shaykh Taqī Ad-Dīn himself stated in his treatise on the issue of conditional divorce, in his response to As-Subkī, that whoever attributes this opinion to him has lied about him. He said that there are other conditions that must also be met. I mentioned one of those conditions earlier that the Shaykh, may Allah have mercy on him, pointed out. This is why it has been said: People's religion is corrupted by a half-scholar, just as their bodies are harmed by a half-doctor, and their language is corrupted by a half-grammarian. So fear Allah, the Most High, and do not give religious rulings about divorce unless you are qualified to do so. Source: https://t.me/madrasatunaa/453