He said to his wife, “By Allah, she is forbidden to me if I do not house her in the Qo’ah.”
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Fatwa No. ( 207 )
Q: He said to his wife: “By Allah, she is forbidden to me if I do not house her in the Qo’ah.” The Qo’ah is the upper apartment, and he mentioned that by forbidding her, he means she is like his mother to him. He asks about the consequences if the need arises for him to house her in the aforementioned apartment?
A: If the matter is as he described, that he forbade his wife to himself if he housed her in the Qo’ah, then if he breaks his oath by housing her in the Qo’ah, he owes the expiation for zihar: fasting for two consecutive months; because there is no slave to free, and this is before touching her. If he is unable to do so, he must feed sixty poor people. Allah the Exalted said:[Al-Mujadila 58:3-4] the verse. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: He said to his wife: “By Allah, she is forbidden to me if I do not house her in the Qo’ah.” The Qo’ah is the upper apartment, and he mentioned that by forbidding her, he means she is like his mother to him. He asks about the consequences if the need arises for him to house her in the aforementioned apartment?
A: If the matter is as he described, that he forbade his wife to himself if he housed her in the Qo’ah, then if he breaks his oath by housing her in the Qo’ah, he owes the expiation for zihar: fasting for two consecutive months; because there is no slave to free, and this is before touching her. If he is unable to do so, he must feed sixty poor people. 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
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.