What is the ruling on one who conditions divorce on a condition, and says to his wife, “I will not have intercourse with you, O my wife, for two months”?
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Question:
This questioner says: I conditioned divorce on a condition, so I said, “I will not have intercourse with you, O my wife, for two months.” During those two months, I had intercourse with her by insertion, but there was a barrier on my private part. What is the ruling?
Answer:
We do not know exactly what wording you used. Yes, you are in a state of ihram. You said, “You are forbidden to me for two months or one month.” This is zihar (likening one’s wife to a forbidden relative). This is temporary zihar. If the time limit expires, she becomes lawful to you. But as long as the time remains, she is in a state of zihar with respect to you. If you have intercourse with her, you must pay the expiation for zihar, which is freeing a slave. If you cannot find one, you must fast for two consecutive months. If you are unable to do that, you must feed sixty poor people, as stated in the verse in Surat al-Mujadilah.
Yes, this is zihar. Forbidding one’s wife is zihar. But if it is temporary and the time passes, the zihar ends with the passage of time, and she becomes lawful to you. However, if you have intercourse with her during the period, the expiation for zihar is upon you. Yes.
This questioner says: I conditioned divorce on a condition, so I said, “I will not have intercourse with you, O my wife, for two months.” During those two months, I had intercourse with her by insertion, but there was a barrier on my private part. What is the ruling?
Answer:
We do not know exactly what wording you used. Yes, you are in a state of ihram. You said, “You are forbidden to me for two months or one month.” This is zihar (likening one’s wife to a forbidden relative). This is temporary zihar. If the time limit expires, she becomes lawful to you. But as long as the time remains, she is in a state of zihar with respect to you. If you have intercourse with her, you must pay the expiation for zihar, which is freeing a slave. If you cannot find one, you must fast for two consecutive months. If you are unable to do that, you must feed sixty poor people, as stated in the verse in Surat al-Mujadilah.
Yes, this is zihar. Forbidding one’s wife is zihar. But if it is temporary and the time passes, the zihar ends with the passage of time, and she becomes lawful to you. However, if you have intercourse with her during the period, the expiation for zihar is upon you. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم من علَّق الطلاق على شرط، وقال لزوجته لن أجامعكِ يا زوجتي خلال شهرين #فتاوى الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
