A woman’s zihar from her husband
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Fatwa No. ( 1152 )
Q: I have a mother, and she was in the hospital for post-natal bleeding, before her husband had touched her. One night in Ramadan, she left the hospital, and a quarrel broke out between her and my father. She said to him: “You will not be my husband; if you are my husband, then I am the wife of my father.” He was also angry and said to her: “And if you are my wife, then I am the husband of my mother.”
A: If the situation is as the questioner described, then what came from the father
constitutes zihar from him toward his wife. The expiation for zihar is freeing a slave; if he does not find one, he must fast for two consecutive months; if he is unable to do so, he must feed sixty poor people. This is indicated by the saying of Allah the Exalted:[Al-Mujadila 58:3-4] the verse. And this statement that came from you is an abominable statement and a lie. You must repent and seek forgiveness for it. Allah the Exalted said: [Al-Mujadila 58:2] the verse, and Allah named it: an abominable statement and a lie. And whatever is of that nature is forbidden, necessitating repentance and seeking forgiveness. As for what came from the wife, it is not zihar; because of the saying of Allah the Exalted: [Al-Mujadila 58:2] He addressed the husbands with this. And she owes an oath expiation for this prohibition; because whoever forbids what is lawful must
pay an oath expiation; because of the saying of Allah the Exalted:[At-Tahrim 66:1-2] And she must repent of that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I have a mother, and she was in the hospital for post-natal bleeding, before her husband had touched her. One night in Ramadan, she left the hospital, and a quarrel broke out between her and my father. She said to him: “You will not be my husband; if you are my husband, then I am the wife of my father.” He was also angry and said to her: “And if you are my wife, then I am the husband of my mother.”
A: If the situation is as the questioner described, then what came from the father
constitutes zihar from him toward his wife. The expiation for zihar is freeing a slave; if he does not find one, he must fast for two consecutive months; if he is unable to do so, he must feed sixty poor people. This is indicated by the saying of Allah the Exalted:
(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 مِسْكِينًاThose who pronounce thihar among you [to separate] from their wives - they are not [consequently] their mothers. Their mothers are none but those who gave birth to them. And indeed, they are saying an objectionable statement and a falsehood
الَّذِينَ يُظَاهِرُونَ مِنْكُمْ مِنْ نِسَائِهِمْ مَا هُنَّ أُمَّهَاتِهِمْ إِنْ أُمَّهَاتُهُمْ إِلا اللائِي وَلَدْنَهُمْ وَإِنَّهُمْ لَيَقُولُونَ مُنْكَرًا مِنَ الْقَوْلِ وَزُورًاThose who pronounce thihar among you [to separate] from their wives
الَّذِينَ يُظَاهِرُونَ مِنْكُمْ مِنْ نِسَائِهِمْpay an oath expiation; because of the saying of Allah the Exalted:
(1) O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful. (2) Allah has already ordained for you [Muslims] the dissolution of your oaths. And Allah is your protector, and He is the Knowing, the Wise.
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاةَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ (1) قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ وَاللَّهُ مَوْلاكُمْ وَهُوَ الْعَلِيمُ الْحَكِيمُ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.