He declared his wife forbidden before contracting the marriage
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Fatwa number ( 1476 )
Q: If a man proposed to a woman but did not contract the marriage, and out of anger between him and her father, he said: “She is forbidden to me, like my mother and my sister” , and then he and her father reconciled and he contracted the marriage to her with a specified mahr, by mutual consent and choice, is he required to do anything on account of the prohibition that occurred from him before the contract, and if there is an expiation, what is its type?
A: This prohibition has no effect on the marriage contract because it occurred before it, and he is not required to pay the expiation for zihar, because it occurred before this proposed daughter became the wife of the one who prohibited her to himself. Rather, he is required to pay the expiation for an oath; because Allah the Exalted said:
[Al-Ma'idah 5:87-89] the verse, and His saying: [At-Tahrim 66:1-2] So upon the one from whom that prohibition occurred: he must feed ten poor people from the middle of what he feeds his family, giving each of the ten poor people half a sa' of wheat, dates, rice, or the like of the country's staple food, or he must clothe ten poor people, or free a slave. If he does not find the means, he must fast three days, and it is better if they are consecutive. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: If a man proposed to a woman but did not contract the marriage, and out of anger between him and her father, he said: “She is forbidden to me, like my mother and my sister” , and then he and her father reconciled and he contracted the marriage to her with a specified mahr, by mutual consent and choice, is he required to do anything on account of the prohibition that occurred from him before the contract, and if there is an expiation, what is its type?
A: This prohibition has no effect on the marriage contract because it occurred before it, and he is not required to pay the expiation for zihar, because it occurred before this proposed daughter became the wife of the one who prohibited her to himself. Rather, he is required to pay the expiation for an oath; because Allah the Exalted said:
(87) O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors. (88) And eat of what Allah has provided for you [which is] lawful and good. And fear Allah, in whom you are believers. (89) Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths. Thus does Allah make clear to you His verses that you may be grateful.
يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ وَلاَ تَعْتَدُوا إِنَّ اللَّهَ لاَ يُحِبُّ الْمُعْتَدِينَ (87) وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلاَلاً طَيِّبًا وَاتَّقُوا اللَّهَ الَّذِي أَنْتُمْ بِهِ مُؤْمِنُونَ (88) لاَ يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْ(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.