Is the expression "haram" considered an oath by other than Allah?
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah preserve you. Is the expression "haram" considered an oath by other than Allah, and is it subject to the prohibition of such oaths?
Answer:
No, this is not an oath by other than Allah, but it is on the same level as an oath by Allah; it is in the same category as an oath by Allah. It is not an oath, and it is not shirk (associating partners with Allah), because he intended to prevent himself from this thing. The Messenger (peace and blessings be upon him) forbade honey for himself, or he forbade his Coptic concubine, Mariyah, who was his concubine (peace and blessings be upon him). So Allah rebuked him by saying:[At-Tahrim 66:1] Then He said, (Exalted and Majestic is He): [At-Tahrim 66:2] So Allah (Exalted and Majestic is He) called the prohibition of what is lawful an oath.
The kaffarah (expiation) is obligatory for it because it follows the course of an oath, but it is not said that this is an oath by other than Allah, because he did not bind it with the wording of an oath. It was called an oath only because of its similarity to an oath in intention.
As for if he says, "My wife is haram to me," explicitly mentioning the wife, the scholars differ on whether this is considered zihar (likening one's wife to a forbidden relative) with the kaffarah of zihar, or whether it is considered talaq (divorce)? There is disagreement among the scholars, and the apparent view is that it is considered zihar. If he prohibits his wife, it is zihar and not talaq. Yes. As for if he prohibits something lawful other than his wife, such as a slave woman, or food, or drink, or clothing, then this follows the course of an oath, and the kaffarah is due. Yes.
Honorable Shaykh, may Allah preserve you. Is the expression "haram" considered an oath by other than Allah, and is it subject to the prohibition of such oaths?
Answer:
No, this is not an oath by other than Allah, but it is on the same level as an oath by Allah; it is in the same category as an oath by Allah. It is not an oath, and it is not shirk (associating partners with Allah), because he intended to prevent himself from this thing. The Messenger (peace and blessings be upon him) forbade honey for himself, or he forbade his Coptic concubine, Mariyah, who was his concubine (peace and blessings be upon him). So Allah rebuked him by saying:
O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَAllah has already ordained for you [Muslims] the dissolution of your oaths
قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْThe kaffarah (expiation) is obligatory for it because it follows the course of an oath, but it is not said that this is an oath by other than Allah, because he did not bind it with the wording of an oath. It was called an oath only because of its similarity to an oath in intention.
As for if he says, "My wife is haram to me," explicitly mentioning the wife, the scholars differ on whether this is considered zihar (likening one's wife to a forbidden relative) with the kaffarah of zihar, or whether it is considered talaq (divorce)? There is disagreement among the scholars, and the apparent view is that it is considered zihar. If he prohibits his wife, it is zihar and not talaq. Yes. As for if he prohibits something lawful other than his wife, such as a slave woman, or food, or drink, or clothing, then this follows the course of an oath, and the kaffarah is due. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 67 من 89|شرح العدة في شرح العمدة|كتاب الأيمان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:14:14)
The Arabic text is a machine transcription of the audio recording.