He swore that his wife was not lawful to him, then he went back and had intercourse with her
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The first question of Fatwa number ( 20830 )
Q1: A disagreement occurred between me and my wife, and during the quarrel I said to her, word for word: "By Allah, you are no longer lawful to me." My oath was not severe, and I did not intend to divorce her. After the problem was resolved, I brought her back to my home, and intercourse took place between us. I am now confused about my situation, so what should I do? Please advise us, may Allah reward you with good.
A1: If you did not intend zihar with the mentioned phrase, then it is a sinful oath, so you must expiate for your oath, and your wife is lawful to you. The expiation for an oath is: feeding ten poor people, giving each poor person one and a half kilograms of wheat or rice or the like, or
clothing them, or freeing a believing slave. If you cannot do all of that, then you must fast three days as expiation for your oath. If you intended zihar with that phrase, then you must refrain from having intercourse with your wife until you expiate for the zihar, which is freeing a believing slave. If you cannot do that, then you must fast for two consecutive months. If you cannot do that due to old age or illness, then you must feed sixty poor people, giving each poor person one and a half kilograms of wheat or rice or the like of the local staple food. You must repent for what happened from you and not return to such a thing in the future; because Allah reproached His Prophet (peace and blessings be upon him) for making forbidden what Allah had made lawful for him. He, the Exalted, said:[At-Tahrim 66:1] up to His saying, the Exalted: [At-Tahrim 66:2] And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: A disagreement occurred between me and my wife, and during the quarrel I said to her, word for word: "By Allah, you are no longer lawful to me." My oath was not severe, and I did not intend to divorce her. After the problem was resolved, I brought her back to my home, and intercourse took place between us. I am now confused about my situation, so what should I do? Please advise us, may Allah reward you with good.
A1: If you did not intend zihar with the mentioned phrase, then it is a sinful oath, so you must expiate for your oath, and your wife is lawful to you. The expiation for an oath is: feeding ten poor people, giving each poor person one and a half kilograms of wheat or rice or the like, or
clothing them, or freeing a believing slave. If you cannot do all of that, then you must fast three days as expiation for your oath. If you intended zihar with that phrase, then you must refrain from having intercourse with your wife until you expiate for the zihar, which is freeing a believing slave. If you cannot do that, then you must fast for two consecutive months. If you cannot do that due to old age or illness, then you must feed sixty poor people, giving each poor person one and a half kilograms of wheat or rice or the like of the local staple food. You must repent for what happened from you and not return to such a thing in the future; because Allah reproached His Prophet (peace and blessings be upon him) for making forbidden what Allah had made lawful for him. He, the Exalted, said:
why do you prohibit [yourself from] what Allah has made lawful for you
لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَAllah has already ordained for you [Muslims] the dissolution of your oaths
قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.