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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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My husband swore an oath of divorce on me and said, “You are forbidden to me like my mother and my sister,” and a reconciliation took place, and we returned to each other a second time, and I was pregnant in the seventh month, and my family

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The questioner : My husband swore an oath of divorce on me and said: “You are forbidden to me like my mother and my sister,” and a reconciliation took place, and we returned to each other a second time, and I was pregnant in the seventh month, and my family ruled that he must feed thirty poor people before the birth. I have now given birth, and it has been two months. My husband’s circumstances are difficult, and he intends to feed thirty poor people, but he has not done so yet. I am a Muslim woman, religious, and I fear Allah greatly. I am afraid that I am living with my husband in a state of sin. Please inform us about this, and may you be rewarded?

The Shaykh : The words your husband uttered regarding you are not a divorce, but they are zihar, because he said, “You are forbidden to me like my mother and my sister.” Zihar, as Allah Mighty and Majestic described it, is an abominable statement and a lie. Therefore, your husband must repent to Allah for what he did, and it is not permissible for him to enjoy you until he does what Allah has commanded him to do. Allah the Exalted and Sublime said regarding the expiation for zihar:
(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 * فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِنْ قَبْلِ أَنْ يَتَمَاسَّا فَمَنْ لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا
[Al-Mujadila 58:3-4]
Therefore, it is not permissible for him to approach you or enjoy you until he does what Allah has commanded him to do. And it is not permissible for you to allow him to do so until he does what Allah has commanded him to do. Your family’s statement to him that he must feed thirty poor people is incorrect and not right. The verse, as you heard, indicates that it is obligatory for him to free a slave. If he does not find one, then he must fast for two consecutive months. If he is unable to do so, then he must feed sixty poor people. Freeing a slave means freeing a slave who is owned and liberating him from slavery. Fasting for two consecutive months means fasting for two full months without breaking the fast for even one day, unless there is a valid religious excuse such as illness or travel. If the excuse is removed, he resumes his fast from where he left off and completes it.
As for feeding sixty poor people, it has two forms or two methods: either he prepares food and invites these poor people to eat until they are satisfied, or he distributes rice or something similar that people eat, giving each person a mudd of wheat or similar, and half a sa' of anything else. Yes.

The questioner : This is a message we received from the listener Tariq Abbas al-Qaysi from Iraq, Baghdad. He included a set of questions in his message, starting with this question, saying:
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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