al-Ja‘d, from Thawbān. Between husband and wife there may exist such affection and mercy as Allah mentions among His favors in His Book:

“And among His signs is that He created for you spouses from among yourselves so that you may find tranquility in them, and He placed affection and mercy between you.” [al-Rūm: 21] [al-Rūm: 21]

The pain of separation may sometimes be harder for them than death, the loss of wealth, or exile from their homelands—especially when each harbors love and attachment for the other, or when they have children who would be neglected through their separation and whose circumstances would deteriorate. This may then lead to estrangement between their relatives and the outbreak of discord once the blessing of kinship by marriage has been lost—the blessing Allah mentions in His words:

“And He established ties of lineage and marriage.” [al-Furqān: 54] [al-Furqān: 54]

It is well known that this is part of the hardship encompassed by the general meaning of His words, Exalted is He:

“He has placed no hardship upon you in religion.” [al-Hajj: 78] [al-Hajj: 78]

It is also part of the difficulty negated by His words:

“Allah intends ease for you and does not intend hardship for you.” [al-Baqara: 185] [al-Baqara: 185]

Moreover, if the act he swore by divorce to perform were an act of righteousness and benevolence—such as giving charity, emancipating a slave, teaching knowledge, maintaining family ties, striving in the path of Allah, reconciling people, or any similar righteous deed that Allah loves and approves—he would refrain from doing it because of the immense harm divorce would cause. Indeed, Islamic law would not command him to do it, since the harm arising from the divorce might be greater than the benefit produced by those deeds. This is the very harm Allah removed through His words:

“Do not make Allah an obstacle through your oaths.” [al-Baqara: 224] [al-Baqara: 124]

The Prophet (may Allah bless him and grant him peace) likewise removed it by saying, “For one of you to persist in an oath concerning his family is more sinful in Allah’s sight than for him to offer the expiation Allah has prescribed.”

If it is said, “But he is the one who placed himself in one of these three harmful situations; he should not have sworn the oath in the first place.”