for a divorce without any compelling reason, the fragrance of Paradise is forbidden to her.”
The scholars have differed as to whether divorce is forbidden or merely discouraged. There are two reports from Ahmad on the matter. They commended Ahmad’s answer when he was asked about a man who swore an oath invoking divorce that he would have intercourse with his wife while she was menstruating. He replied, “He should divorce her and not have intercourse with her. Allah has permitted divorce and forbidden intercourse with a menstruating woman.”
This commendation can be justified on either of two grounds: either on the basis of his view that divorce is not forbidden, [or on the basis that] its prohibition is less severe than the prohibition of intercourse. Otherwise, if both acts are forbidden, he would merely be moving from one forbidden act to another.
As for the worldly harm, it is too obvious to require description. Treating a divorce invoked in an oath as binding often causes harm of a kind that Islamic law has never prescribed in any comparable case. A righteous woman may live in the company of her righteous husband for many years. She is his worldly treasure, of whom the Prophet (may Allah bless him and grant him peace) said, “This world is but temporary enjoyment, and its finest enjoyment is a believing woman: when you look at her, she pleases you; when you instruct her, she obeys you; and when you are absent from her, she safeguards herself and your property.”
She is also the woman whom the Prophet (may Allah bless him and grant him peace) recommended when the Emigrants asked him, “What is the best wealth for us to acquire?” He replied, “The best of it is a tongue that remembers Allah, a heart that gives thanks, and a righteous wife who helps one of you in his faith.” This was narrated by al-Tirmidhī from the hadith of Sālim ibn Abī