What is the ruling on one who swears by the life of his children or swears by divorce, citing the verse "And the sky with its mansions"?
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The questioner : May Allah reward you, O Shaykh. At the beginning of the tafsir, we see that Allah (Mighty and Majestic) swore by His creations and the sky. We find some people swearing or taking oaths, saying: "By the life of my children," or saying: "I divorce you if I do not do such and such."
The Shaykh : Fine.
The questioner : He responds, yes.
The Shaykh : I understood. As for "By the life of my children," this is an explicit oath that is not permissible. It falls under the saying of the Prophet (peace and blessings be upon him):Riyad as-Salihin 1711.
As for "I divorce you if I do such and such," this is not an oath, but it has the ruling of an oath, like declaring something forbidden. If one declares something forbidden and says: "It is forbidden for me to drink from this," "It is forbidden for me to visit so-and-so," "It is forbidden for me to eat this person's food," "It is forbidden for me to have a sacrifice slaughtered for me," this is not an oath, but it is in the meaning of an oath. The evidence for this is the saying of Allah the Exalted:[At-Tahrim 66:1-2].
So if a person says: "It is forbidden for me to have relations with my wife," we say: Do not do it. Allah the Exalted has reproached His Prophet regarding that. But if there is a benefit in having relations with her, and you expiate for your oath by feeding ten poor people.
There is no difference between saying: "It is forbidden for me to have relations with my wife," or saying: "It is forbidden for my wife to have relations with me." It is all the same. That is to say, whether the prohibition is attributed to the wife or to something else, it all has the ruling of an oath.
The Shaykh : Fine.
The questioner : He responds, yes.
The Shaykh : I understood. As for "By the life of my children," this is an explicit oath that is not permissible. It falls under the saying of the Prophet (peace and blessings be upon him):
He who swears by anyone or anything other than Allah, has indeed committed an act of Kufr or Shirk
من حلف بغير الله فقد كفر أو أشركAs for "I divorce you if I do such and such," this is not an oath, but it has the ruling of an oath, like declaring something forbidden. If one declares something forbidden and says: "It is forbidden for me to drink from this," "It is forbidden for me to visit so-and-so," "It is forbidden for me to eat this person's food," "It is forbidden for me to have a sacrifice slaughtered for me," this is not an oath, but it is in the meaning of an oath. The evidence for this is the saying of Allah the Exalted:
(1) O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you, seeking the approval of your wives? And Allah is Forgiving and Merciful. (2) Allah has already ordained for you [Muslims] the dissolution of your oaths
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاتَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ * قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْSo if a person says: "It is forbidden for me to have relations with my wife," we say: Do not do it. Allah the Exalted has reproached His Prophet regarding that. But if there is a benefit in having relations with her, and you expiate for your oath by feeding ten poor people.
There is no difference between saying: "It is forbidden for me to have relations with my wife," or saying: "It is forbidden for my wife to have relations with me." It is all the same. That is to say, whether the prohibition is attributed to the wife or to something else, it all has the ruling of an oath.