What is the ruling on swearing by the forbidden, such as saying, "By the forbidden, I did such and such"?
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. What is the ruling on swearing by the forbidden, as many of the common people say, "By the forbidden, I did such and such"?
The Shaykh:
This is considered a prohibition. This is considered a prohibition. It is considered one of the oaths. It is considered one of the oaths. If his intention was that his wife is forbidden to him, then it is zihar. If he intended food or something, or that this act is forbidden for him, then it is an oath that requires an expiation for an oath. Yes. So this is one of the forms of an oath, because prohibiting what is lawful is an oath[At-Tahrim 66:1] [At-Tahrim 66:2] So he named the prohibition of what is lawful an oath that has an expiation. Yes.
The questioner:
We say: Honorable Shaykh, may Allah grant you success.
The Shaykh:
The wife: either it is a divorce according to the husband's intention. If he intended a divorce, then it is a divorce. If he intended an oath, then it is an oath. If he did not intend anything, then it is zihar. Yes.
He says: Honorable Shaykh, may Allah grant you success. What is the ruling on swearing by the forbidden, as many of the common people say, "By the forbidden, I did such and such"?
The Shaykh:
This is considered a prohibition. This is considered a prohibition. It is considered one of the oaths. It is considered one of the oaths. If his intention was that his wife is forbidden to him, then it is zihar. If he intended food or something, or that this act is forbidden for him, then it is an oath that requires an expiation for an oath. Yes. So this is one of the forms of an oath, because prohibiting what is lawful is an oath
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.
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَّحِيمٌAllah has already ordained for you [Muslims] the dissolution of your oaths
قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْThe questioner:
We say: Honorable Shaykh, may Allah grant you success.
The Shaykh:
The wife: either it is a divorce according to the husband's intention. If he intended a divorce, then it is a divorce. If he intended an oath, then it is an oath. If he did not intend anything, then it is zihar. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1147 /1350] ما حكم الحلف بالحرام، كقول "بالحرام أنني فعلت كذا"؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.