Conditioning divorce with an oath: Is the ruling the same as zihar?
Machine translationRead the Arabic original
Al-Halabi : Our Shaykh, the issue of conditioning an oath with divorce, regarding divorce if I do such and such.
The Shaykh : Do you perhaps mean the reverse?
Al-Halabi : Conditioning divorce with an oath.
The Shaykh : is it
Al-Halabi : Yes, is the ruling the same as the one cited or known in this oath, applying to the ruling in the matter of "You are to me like my daughter" or "like my sister" or such? If he conditioned this statement with an oath?
The Shaykh : As long as he did not say, "You are to me like my mother's back."
Al-Halabi : Yes.
The Shaykh : Then the answer is yes. But if he said that, it is zihar, and the major expiation is upon him.
Al-Halabi : Even if, our Shaykh, he said, "Even if he conditioned it, it does not apply to him," meaning this is the case?
The Shaykh : Yes, here you have no excuse. No, it is not like that. It does not apply...
The questioner : ...
The Shaykh : No, no, let me start with the oath. Did you take it?
The Shaykh : Do you perhaps mean the reverse?
Al-Halabi : Conditioning divorce with an oath.
The Shaykh : is it
Al-Halabi : Yes, is the ruling the same as the one cited or known in this oath, applying to the ruling in the matter of "You are to me like my daughter" or "like my sister" or such? If he conditioned this statement with an oath?
The Shaykh : As long as he did not say, "You are to me like my mother's back."
Al-Halabi : Yes.
The Shaykh : Then the answer is yes. But if he said that, it is zihar, and the major expiation is upon him.
Al-Halabi : Even if, our Shaykh, he said, "Even if he conditioned it, it does not apply to him," meaning this is the case?
The Shaykh : Yes, here you have no excuse. No, it is not like that. It does not apply...
The questioner : ...
The Shaykh : No, no, let me start with the oath. Did you take it?
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
