If a dispute arises between a husband and wife and the wife forbids her husband to herself, does this have the same effect as if this prohibition had come from the husband?
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The questioner : If a dispute arises between a husband and wife and the wife forbids her husband to herself, does this have the same effect as if this prohibition had come from the man?
The Shaykh : When a woman forbids her husband to herself, its ruling is the ruling of an oath, meaning that if she permits him after this prohibition, it is obligatory for her to pay the expiation for an oath, because this falls under the generality of the statement of Allah the Exalted:[At-Tahrim 66:1-2] Thus, Allah, Glorified and Exalted is He, made clear that the ruling of forbidding what Allah has made lawful is the ruling of an oath. For this reason, He said: [At-Tahrim 66:2].
And because Allah the Exalted mentioned the expiation for an oath after He commanded eating from the good things, indeed after He prohibited forbidding what Allah has made lawful, He said:[Al-Ma'idah 5:87-89] to the end of the verse. This indicates that the ruling of forbidding the good things is the ruling of an oath. Therefore, when a woman forbids her husband, this is from this category, and she must pay the expiation for an oath. The expiation for an oath is feeding ten poor people, or clothing them, or freeing a slave. Whoever cannot find the means to do so must fast three consecutive days. Feeding ten poor people is done in two ways: either by preparing a meal for lunch or dinner and inviting them to eat until they are full, or by giving them six kilograms of rice as grain. It is good to add some meat to it as a side dish to complete the feeding.
The questioner : Yes.
The Shaykh : When a woman forbids her husband to herself, its ruling is the ruling of an oath, meaning that if she permits him after this prohibition, it is obligatory for her to pay the expiation for an oath, because this falls under the generality of the statement of Allah the Exalted:
(1) O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful. (2) Allah has already ordained for you [Muslims] the dissolution of your oaths
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ * قد فرض الله لكم تحلة أيمانكمAllah has already ordained for you [Muslims] the dissolution of your oaths
قد فرض الله لكم تحلة أيمانكمAnd because Allah the Exalted mentioned the expiation for an oath after He commanded eating from the good things, indeed after He prohibited forbidding what Allah has made lawful, He said:
(87) O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors. (88) And eat of what Allah has provided for you [which is] lawful and good. And fear Allah, in whom you are believers. (89) Allah will not impose blame upon you for what is meaningless in your oaths
يَا أَيُّهَا الَّذِينَ ءامَنُوا لا تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلا تَعْتَدُوا إِنَّ اللَّهَ لا يُحِبُّ الْمُعْتَدِينَ * وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلالاً طَيِّباً وَاتَّقُوا اللَّهَ الَّذِي أَنْتُمْ بِهِ مُؤْمِنُونَ * لا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمThe questioner : Yes.
