Is saying, “I will marry my mother next to the Ka'bah if I marry another woman over you,” considered zihar?
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Fatwa number ( 20171 )
Q: I enrolled in a course at the Institute of Administration in Jeddah about ten
years ago. During that period, I tried to get married and looked into it at the time, but I did not find a suitable match. I returned to my family, my wife, and my children in Abha after about a month. My wife learned that I wanted to marry another woman, so she made a scene, causing disturbance and shouting in the house. My mother (may Allah have mercy on her) and her children were present. I tried to calm the situation by all means. My wife demanded oaths from me that I would not marry another woman. She also asked me to swear oaths that are not permissible, but she insisted and pressed the matter, even though I was not convinced by this oath. The wording was: ( “I will marry my mother next to the Ka'bah if I marry another woman over you” ). My mother (may Allah have mercy on her) passed away last year. My wife is somewhat advanced in age. I now have eleven children, including a girl, some of whom are approaching twenty years of age. The house has expanded. My mother (may Allah have mercy on her) used to handle all the household work with my wife in raising the children. I now wish to marry again, but I am hesitant about the oath I previously swore, which was explained to Your Eminence above. I hope you will kindly issue a fatwa on this matter: is it permissible for me to marry again, given that it has become a great necessity for me? May Allah preserve you.
A: The wording you used in the form mentioned in the question is not zihar; because zihar relates to forbidding the wife by likening her or part of her to someone
who is forbidden to him or part of them. Rather, it is an oath that requires expiation; because if one forbids something lawful other than his wife, it does not become forbidden to him, and he is obligated to pay the expiation for an oath if he does it; due to the saying of Allah the Exalted:[At-Tahrim 66:1] , to His saying: [At-Tahrim 66:2] . Accordingly, this wording from you does not forbid you what Allah has made lawful for you, nor does it prevent you from marrying. If you wish to marry another woman over your wife, you must pay the expiation for an oath, which is feeding ten poor people, giving each poor person one and a half kilograms of wheat, dates, rice, or something similar that is the staple food of the people of the country, or clothing them, or freeing a believing slave. If you cannot do that, then you must fast three days as expiation for your oath. You must also make sincere repentance for what happened from you and resolve not to return to such ugly, bad speech. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I enrolled in a course at the Institute of Administration in Jeddah about ten
years ago. During that period, I tried to get married and looked into it at the time, but I did not find a suitable match. I returned to my family, my wife, and my children in Abha after about a month. My wife learned that I wanted to marry another woman, so she made a scene, causing disturbance and shouting in the house. My mother (may Allah have mercy on her) and her children were present. I tried to calm the situation by all means. My wife demanded oaths from me that I would not marry another woman. She also asked me to swear oaths that are not permissible, but she insisted and pressed the matter, even though I was not convinced by this oath. The wording was: ( “I will marry my mother next to the Ka'bah if I marry another woman over you” ). My mother (may Allah have mercy on her) passed away last year. My wife is somewhat advanced in age. I now have eleven children, including a girl, some of whom are approaching twenty years of age. The house has expanded. My mother (may Allah have mercy on her) used to handle all the household work with my wife in raising the children. I now wish to marry again, but I am hesitant about the oath I previously swore, which was explained to Your Eminence above. I hope you will kindly issue a fatwa on this matter: is it permissible for me to marry again, given that it has become a great necessity for me? May Allah preserve you.
A: The wording you used in the form mentioned in the question is not zihar; because zihar relates to forbidding the wife by likening her or part of her to someone
who is forbidden to him or part of them. Rather, it is an oath that requires expiation; because if one forbids something lawful other than his wife, it does not become forbidden to him, and he is obligated to pay the expiation for an oath if he does it; due to the saying of Allah the Exalted:
O Prophet, why do you prohibit [yourself from] what Allah has made lawful
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُAllah 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.