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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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He pronounced zihar against his wife and then had sexual relations with her in the same hour

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Fatwa number ( 17466 )
Q: A while ago, I swore an oath against my wife during a fit of intense anger, saying that you would be forbidden to me, like my mother and my sister, until the day of my departure. I was in those days preparing to travel to Saudi Arabia , and during the anger, I attempted with her what Allah has made lawful between us and in accordance with the Sunnah of His Messenger (peace and blessings be upon him), but she withheld herself from me. The aforementioned oath had been pronounced, and in the same hour and day, she teased me to please me. It happened that I had sexual relations with her until I ejaculated on her thighs from behind, over her clothing. After performing the full ritual bath, I went to a graduate professor and told him what had happened between us. He read to me from Surat al-Mujadilah, from verse number (2) to
verse number (4), and he said: You owe an expiation of a slave. I said: I cannot afford it. He said: You must fast for two months. I said to him: I am unable to do so, because I take medication three times a day. He said: You must feed sixty poor people from the middle of what you eat. I did that on the same day, and my wife herself distributed it to the poor, one Egyptian pound for each person. When I traveled to Saudi Arabia after six months, I asked some of the imams of the mosques. Some of them said this was correct, and some of them said: You must go to the Dar al-Ifta, to His Eminence Shaykh 'Abd al-'Aziz ibn Baz (may Allah preserve him). Is what happened forbidden, and is marital intercourse forbidden? Please inform us, may you be rewarded, and may Allah reward you for us.

A: What happened on your part is considered zihar, so the expiation for zihar is obligatory upon you, which is: freeing a slave. If you do not find one, then fasting for two consecutive months. If you are unable to do that, then feeding sixty poor people, half a sa' (a dry measure of about 3 kg) for each poor person, which is one and a half kilograms of the food of the country. It is not permissible to pay money in place of the food. Allah the Exalted said:
(3) And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. (4) And he who does not find [a slave] - then a fast for two months consecutively before they touch one another; and he who is unable - then the feeding of sixty poor persons.وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِنْ قَبْلِ أَنْ يَتَمَاسَّا ذَلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ (3) فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِنْ قَبْلِ أَنْ يَتَمَاسَّا فَمَنْ لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا
[Al-Mujadila 58:3-4]
the verse from Surat al-Mujadilah.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source www.alifta.gov.sa

The Arabic text is copied verbatim from the original source, without any edits.

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