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Fatwa CenterMarriage bond not dissolved through adultery
Question
Assalaamu alaykum, Scholar. This is the sister whom you gave permission to a day ago to resend her question. My question was about any evidence in the Quran that proves that divorce does not take place automatically after the spouse committed adultery. Islam Q&A gave me the following answer: Divorce does not take place merely due to the wife committing adultery. And the evidence is in Surat An-Nisa, verse 19: {O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take part of what you gave them unless they commit a clear immorality.} In Zad Al-Masir 1/386, it is said, "And the correct opinion is that if she performs any clear immorality, from actual adultery through intercourse to filthy words, it is allowed for him to make things difficult for her and place restrictions upon her in order for her to ransom with her money in this verse, there is a confirmation of the nuptial tie, even if the wife commits adultery."
Do you agree with them that An-Nisa, verse 19 is also evidence that divorce does not take place automatically if the wife commits adultery? You gave me the explanation of Tafseer Ibn Katheer regarding An-Nisa, verse 19:
"If the wife commits adultery, you are allowed to take back the bridal gift and you are also allowed to annoy her until she gives back the bridal gift in return for a Khula` (divorce requested by the wife and in which she returns the bridal gift). Also, in Surat Al-Baqarah: {And it is not lawful for you to take back (from your wives) any of what you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah.} [Quran 2:229] Meaning that he is allowed to annoy his wife when she does any of these acts until she forfeits all or part of her rights and he then separates from her; this view is good."
Do the last three lines of your response say that divorce happens automatically after adultery? Could you please explain? Do you agree with Islam Q&A's response and how they used An-Nisa 19 19 as evidence? Is there any agreement on using this verse as proof for this very subject?
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.
What you mentioned about the Tafseer (exegesis) of Ibn katheer of using the verse from Soorah An-Nisa as evidence that adultery does not invalidate the bond of marriage, or what Islam Q&A provided as answer in this subject, is appropriate and sound evidence. What is mentioned about putting pressure on the wife so as to ransom herself (in return for getting a divorce) is evidence that the bond of marriage still exists. However, the husband is not obliged to separate from his wife; rather, if she becomes righteous and pious, it is better for him to keep her as a wife and not divorce her. For more benefit, please refer to fatwas 126451 and 191839.
It seems from your questions that you are suffering some sort of Waswaas (obsessive whispers) regarding this subject. So if you want to be safe, you must repel these whispers and not get carried away with them. The best way to get rid of them is to ignore them totally, in addition to seeking refuge in Allah from the accursed Satan and mentioning Allah as much as you can.
You should also stop asking so many questions on this subject, because this enhances the Waswaas inside you.
Allah knows best.
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