The Ruling on Swearing an Oath Regarding One’s Wife and Lying to Her
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Question:
The Shaykh’s case is limited to a husband who swore an oath to his wife based on a hadith. There is a concession. The husband lying to his wife, in a hadith narrated by al-Nasa'i, reported by Ahmad, and the question is: if the husband swears an oath regarding the future, and he swears to his wife, in the context of the hadith about pleasing his wife, then if he swears by his side?
Answer:
First, the lying that is permitted regarding the wife is lying for the sake of benefit, if there is a benefit in it. As for if there is no benefit in it, then it is forbidden (haram) regarding the wife and others. So he does not swear a false oath regarding the wife except if there is a stronger benefit in it. Second, if he swore, or if he said to her something and swore to it, swearing to her to do such and such, to buy her such and such, or to give her such and such, then he breaks his oath if he goes against it. He breaks his oath, and the expiation (kaffarah) is due if he goes against his oath. Yes, due to the saying of Allah the Exalted:[Al-Ma'idah 5:89] And this is a binding oath in which the expiation is obligatory. Yes.
Question:
Honorable Shaykh. Between people.
Answer:
If he swears regarding a future matter, intending to reconcile people on a future matter, and he violates the oath, then expiation is obligatory upon him due to the generality of the verse. But if he swears regarding a past matter, then there is no expiation for that, as mentioned previously. However, if he intentionally lies, then it is the oath of immersion (al-yamin al-ghamus). If he did not intentionally lie, then it is vain talk, in which there is no sin and no expiation. Yes. A person should not resort to oaths; he should not claim that he resorts to oaths. Yes.
The Shaykh’s case is limited to a husband who swore an oath to his wife based on a hadith. There is a concession. The husband lying to his wife, in a hadith narrated by al-Nasa'i, reported by Ahmad, and the question is: if the husband swears an oath regarding the future, and he swears to his wife, in the context of the hadith about pleasing his wife, then if he swears by his side?
Answer:
First, the lying that is permitted regarding the wife is lying for the sake of benefit, if there is a benefit in it. As for if there is no benefit in it, then it is forbidden (haram) regarding the wife and others. So he does not swear a false oath regarding the wife except if there is a stronger benefit in it. Second, if he swore, or if he said to her something and swore to it, swearing to her to do such and such, to buy her such and such, or to give her such and such, then he breaks his oath if he goes against it. He breaks his oath, and the expiation (kaffarah) is due if he goes against his oath. Yes, due to the saying of Allah the Exalted:
but He will impose blame upon you for [breaking] what you intended of oaths
وَلَٰكِن يُؤَاخِذُكُم بِمَا عَقَّدتُّمُ الْأَيْمَانَQuestion:
Honorable Shaykh. Between people.
Answer:
If he swears regarding a future matter, intending to reconcile people on a future matter, and he violates the oath, then expiation is obligatory upon him due to the generality of the verse. But if he swears regarding a past matter, then there is no expiation for that, as mentioned previously. However, if he intentionally lies, then it is the oath of immersion (al-yamin al-ghamus). If he did not intentionally lie, then it is vain talk, in which there is no sin and no expiation. Yes. A person should not resort to oaths; he should not claim that he resorts to oaths. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 68 من 89|شرح العدة في شرح العمدة|كتاب الأيمان|باب جامع الأيمان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (59:21)
The Arabic text is a machine transcription of the audio recording.
