Fatwa No. (628) Q: There was a misunderstanding between him and his maternal uncle
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Fatwa No. ( 628 )
Q: There wasa misunderstanding between him and his maternal uncle, so his family forbade him from reconciling with him unless he suffered a financial loss. By “loss,” they mean a sacrificial animal that he slaughters and invites him and his group to eat from.He asks whether anything is required of him if he reconciles with his uncle without the uncle doing what was excluded?
A: If the matter is as the questioner described, that he made it forbidden for himself to reconcile with his maternal uncle except at a loss to his wealth, then if he breaks his oath by reconciling with his maternal uncle without honoring him with the sacrificial animal he intended for him, an expiation for zihar is incumbent upon him, which is: freeing a slave, and if he cannot do that, then fasting two consecutive months, and if he cannot do that, then feeding sixty poor people, and this is before he touches his wife; for Allah the Exalted said:[Al-Mujadila 58:3-4]
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: There wasa misunderstanding between him and his maternal uncle, so his family forbade him from reconciling with him unless he suffered a financial loss. By “loss,” they mean a sacrificial animal that he slaughters and invites him and his group to eat from.He asks whether anything is required of him if he reconciles with his uncle without the uncle doing what was excluded?
A: If the matter is as the questioner described, that he made it forbidden for himself to reconcile with his maternal uncle except at a loss to his wealth, then if he breaks his oath by reconciling with his maternal uncle without honoring him with the sacrificial animal he intended for him, an expiation for zihar is incumbent upon him, which is: freeing a slave, and if he cannot do that, then fasting two consecutive months, and if he cannot do that, then feeding sixty poor people, and this is before he touches his wife; for 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 مِسْكِينًاAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.