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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Why is a man’s saying to his wife, “You are haram (forbidden) to me,” not considered zihar?

Machine translationRead the Arabic original
The questioner : This person asks a question, saying: Why is a man’s saying to his wife, “You are haram to me,” not considered zihar, just as his saying to her, “You are to me like the back of my mother,” is considered zihar?

The Shaykh : We say, first, because Allah distinguished between them, saying:
do not prohibit the good things which Allah has made lawful to youلَا تُحَرِّمُوا طَيِّبَاتِ مَا أَحَلَّ اللَّهُ لَكُمْ
[Al-Ma'idah 5:87]
and He did not make any exception. The woman is among what Allah has made lawful for him. As for zihar, He mentioned the ruling for it that you have heard. Second, likening the wife to the mother or the back of the mother is more sinful than saying, “You are haram to me,” because the word haram in the language can mean prohibition. This is why the sacred precinct (Haram) is called the Haram, because certain things are prohibited there that are not prohibited elsewhere. Therefore, a man’s saying to his wife, “You are haram to me,” is like saying, “This garment is haram to me,” meaning that it becomes an oath. May Allah make things good for you.
Source دروس وفتاوى المسجد الحرام لعام 1419هـ - 35 — binothaimeen.net (42:42)

The Arabic text is a machine transcription of the audio recording.

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