The Oath of Abstinence (Ila'), Fatwa No. (3510) Q: I am married and have three daughters, and a dispute has arisen between me and my wife
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The Oath of Abstinence (Ila')
Fatwa No. (3510)
Q: I am married and have three daughters, and a dispute has arisen between me and my wife, which led me to swear an oath that I would not have intercourse with her for a year from the date of the oath, meaning: (It is forbidden for me to have intercourse with her except after a year), that is, from the night the disagreement occurred. We are undergoing treatment so that Allah may honor us with a child, as we have not been blessed with a child for more than six years, and this is due to sexual weakness. I ask your eminence to issue a ruling on whether I am religiously permitted to return to my family before this period expires or not. May Allah reward you and protect you.
A: If the situation is as you described, where you said to your wife: "It is forbidden for me to have intercourse with you except after a year from the date of the anger and prohibition," then you have committed a sin by prohibiting what Allah has made lawful for you. You must repent to Allah and seek His forgiveness for what you have done. It is not forbidden for you to have intercourse with your wife due to this oath; rather, you may have intercourse with her during this year. If you have intercourse with her before the year is up, you must pay the expiation for an oath for the prohibition that occurred on your part; as Allah the Exalted said:
[Al-Ma'idah 5:87-89] the verse, and as Allah the Exalted said: [At-Tahrim 66:1-2] The expiation for an oath is feeding ten poor people, or clothing them, or freeing a slave; whoever cannot find [the means] must fast for 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.
Fatwa No. (3510)
Q: I am married and have three daughters, and a dispute has arisen between me and my wife, which led me to swear an oath that I would not have intercourse with her for a year from the date of the oath, meaning: (It is forbidden for me to have intercourse with her except after a year), that is, from the night the disagreement occurred. We are undergoing treatment so that Allah may honor us with a child, as we have not been blessed with a child for more than six years, and this is due to sexual weakness. I ask your eminence to issue a ruling on whether I am religiously permitted to return to my family before this period expires or not. May Allah reward you and protect you.
A: If the situation is as you described, where you said to your wife: "It is forbidden for me to have intercourse with you except after a year from the date of the anger and prohibition," then you have committed a sin by prohibiting what Allah has made lawful for you. You must repent to Allah and seek His forgiveness for what you have done. It is not forbidden for you to have intercourse with your wife due to this oath; rather, you may have intercourse with her during this year. If you have intercourse with her before the year is up, you must pay the expiation for an oath for the prohibition that occurred on your part; as 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
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(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.