Oath by the forbidden not to shake hands with a friend, what is the ruling on this oath?
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Question:
Moving on after this to a message from the dear brother Ayn Maim Ayn from Hufar al-Batin. He says: I swore an oath to one of the brothers and slaughtered a sacrifice for him. I swore at him by the forbidden, but he did not respond and became very angry and refused to sit. Before he left, I said to him: "I am pronouncing divorce if you do not sit, I will not shake hands with you again." So he traveled. What is the legal ruling in this matter, and what should I do to get out of it?
Answer:
If his intention was his wife, then this is considered zihar (likening one's wife to a forbidden relative), and it carries the expiation for zihar. Yes.
As for if he did not intend his wife, then this is considered an oath, and it carries the expiation for an oath. So it is according to his intention: he must either perform the expiation for an oath or the expiation for zihar, depending on his intention. This is if he wants to shake hands with this man whom he swore not to shake hands with. If he wants to shake hands with him, he performs the expiation according to his intention, as we mentioned. And it is better for him to perform the expiation and shake hands with him. His saying (peace and blessings be upon him): "I swear by Allah..."Musannaf Ibn Abi Shaybah 7:155.
Allah the Exalted has said:[Al-Baqarah 2:224] meaning: Do not make oaths a barrier between you and doing good. Rather, expiate for them and do good.
Moving on after this to a message from the dear brother Ayn Maim Ayn from Hufar al-Batin. He says: I swore an oath to one of the brothers and slaughtered a sacrifice for him. I swore at him by the forbidden, but he did not respond and became very angry and refused to sit. Before he left, I said to him: "I am pronouncing divorce if you do not sit, I will not shake hands with you again." So he traveled. What is the legal ruling in this matter, and what should I do to get out of it?
Answer:
If his intention was his wife, then this is considered zihar (likening one's wife to a forbidden relative), and it carries the expiation for zihar. Yes.
As for if he did not intend his wife, then this is considered an oath, and it carries the expiation for an oath. So it is according to his intention: he must either perform the expiation for an oath or the expiation for zihar, depending on his intention. This is if he wants to shake hands with this man whom he swore not to shake hands with. If he wants to shake hands with him, he performs the expiation according to his intention, as we mentioned. And it is better for him to perform the expiation and shake hands with him. His saying (peace and blessings be upon him): "I swear by Allah..."
I do not swear an oath and then see something better than it, except that I do what is better and expiate for my oath.
لا أَحْلِفُ عَلَى يَمِينٍ فَأَرَى غَيْرَهَا خَيْرًا مِنْهَا إِِلا أَتَيْتُ الَّذِي هُوَ خَيْرٌ وَكَفَّرْتُ عَنْ يَمِينِيAllah the Exalted has said:
And do not make [your oath by] Allah an excuse against being righteous and fearing Allah and making peace among people
وَلَا تَجْعَلُوا اللَّهَ عُرْضَةً لِّأَيْمَانِكُمْ أَن تَبَرُّوا وَتَتَّقُوا وَتُصْلِحُوا بَيْنَ النَّاسِ
Source
قناة «العلامة الدكتور صالح الفوزان»، حلف بالحرام ألا يصافح صديقا له، فما حكم هذا الحلف؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.