What is the meaning of the phrase "I swear by the forbidden," and does divorce occur for one who swears by it?
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The questioner : I hear many people swearing by the phrase "I swear by the forbidden". What is the meaning of this phrase? For example, if a person says, "I swear by the forbidden that I will not do such and such," does divorce occur for him? We ask you to clarify.
The Shaykh : Swearing by this formula is contrary to what the Prophet (peace and blessings be upon him) commanded. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2679 So if you wish to swear, swear by Allah, saying "By Allah" or the like. As for swearing by this formula, it is contrary to the command of the Prophet (peace and blessings be upon him). However, if a person says, "I swear by the forbidden that I will not do such and such," he may intend divorce, or he may intend zihar, or he may intend an oath. He gets what he intended, based on the saying of the Prophet (peace and blessings be upon him): Sahih al-Bukhari 1 Since this wording is ambiguous and could refer to any of the three meanings—divorce, zihar, or an oath—determining which of these possibilities is intended depends on his intention. If he says, "By my saying 'I swear by the forbidden that I will not do such and such,' I intended that if I do it, my wife is divorced," then it is a divorce. If he says, "I intended that if I do it, my wife is forbidden to me," then it is zihar, especially if he connects it by saying, "I swear by the forbidden that my wife is to me like the back of my mother." If he says, "I intended an oath, meaning I intended not to do it, and I made this a substitute for saying 'By Allah,'" then it is an oath. As for the ruling on divorce, if he intended it as a divorce and we say it is a divorce, then his wife is divorced if he does it. As for it being zihar, his wife is forbidden to him until he does what Allah commanded regarding the expiation of zihar, which is freeing a slave. If he does not find one, then fasting for two consecutive months. If he cannot do that, then feeding sixty poor people. If he intended an oath, then if he does it, the expiation of the oath is obligatory upon him, which is feeding ten poor people, or clothing them, or freeing a slave. If he does not find one, then fasting for three consecutive days. Yes.
The questioner : May Allah reward you. This is a message that arrived from North Yemen, the Bayda' region. The listener, Muhammad Ahmad al-Mishbahi, says in it:
The Shaykh : Swearing by this formula is contrary to what the Prophet (peace and blessings be upon him) commanded. The Prophet (peace and blessings be upon him) said:
Whoever has to take an oath should swear by Allah or remain silent.
من كان حالفاً فليحلف بالله أو ليصمتThe reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىThe questioner : May Allah reward you. This is a message that arrived from North Yemen, the Bayda' region. The listener, Muhammad Ahmad al-Mishbahi, says in it: