Continuation of the explanation of the author's statement: "And whoever forbids something lawful other than his wife, whether a slave woman, food, clothing, or anything else, has not committed zihar."
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The Shaykh : If he did not intend anything, it becomes an oath. The evidence is [At-Tahrim 66:1-2] I think it is clear now. Okay, if someone asks, do you apply these rulings to the wording of zihar? Do you say that if a man says to his wife, "You are to me like the back of my mother," then what he intended—whether divorce, zihar, or an oath—takes effect? And if he did not intend anything, is it zihar?
The questioner : ... .
The Shaykh : The answer is no, because the wording here is explicit regarding zihar; it is explicit. If we made it a divorce, we would be agreeing with the ruling of whom? The people of the pre-Islamic age of ignorance. And it is not permissible for us to change the ruling of the Shari'ah. So we say: if you say, "You are to me like the back of my mother," it is zihar in every case. However, if you treat it as an oath by saying, "If I do such-and-such, then my wife is to me like the back of my mother,"
The questioner : ... .
The Shaykh : then this
The questioner : ... .
The Shaykh : No, its ruling is the ruling of an oath, as long as he did not intend zihar, because it is apparent in this case that the intention is to refrain, so it follows the course of an oath. So we say: its ruling is the ruling of an oath, as long as he did not intend zihar, because it is clear that he used it in the manner of an oath; it is not apparent that it is zihar. Yes. And by this, we know that the stronger position in this issue, in the issue of prohibition, is, right?
The questioner : ... .
The Shaykh : That there is no difference between the wife and others. Okay, a man said to his slave woman, whom he keeps privately, "You are forbidden to me."
The questioner : ... .
The Shaykh : Is it an oath or zihar?
The questioner : right.
The Shaykh : Is that right?
The questioner : Yes, indeed.
The Shaykh : Even according to the school of jurisprudence?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Let us look at the wording. Wait, wait, everyone, let us look. The author says "whether a slave woman, food, or clothing" a slave woman.
The questioner : ... .
The Shaykh : Meaning he did not make an exception, right?
The questioner : ... .
The Shaykh : So?
The questioner : ... .
The Shaykh : It is an oath. It is ... it is not like the wife. Okay.
(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
يا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضاتَ أَزْواجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ * قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمانِكُمْThe questioner : ... .
The Shaykh : The answer is no, because the wording here is explicit regarding zihar; it is explicit. If we made it a divorce, we would be agreeing with the ruling of whom? The people of the pre-Islamic age of ignorance. And it is not permissible for us to change the ruling of the Shari'ah. So we say: if you say, "You are to me like the back of my mother," it is zihar in every case. However, if you treat it as an oath by saying, "If I do such-and-such, then my wife is to me like the back of my mother,"
The questioner : ... .
The Shaykh : then this
The questioner : ... .
The Shaykh : No, its ruling is the ruling of an oath, as long as he did not intend zihar, because it is apparent in this case that the intention is to refrain, so it follows the course of an oath. So we say: its ruling is the ruling of an oath, as long as he did not intend zihar, because it is clear that he used it in the manner of an oath; it is not apparent that it is zihar. Yes. And by this, we know that the stronger position in this issue, in the issue of prohibition, is, right?
The questioner : ... .
The Shaykh : That there is no difference between the wife and others. Okay, a man said to his slave woman, whom he keeps privately, "You are forbidden to me."
The questioner : ... .
The Shaykh : Is it an oath or zihar?
The questioner : right.
The Shaykh : Is that right?
The questioner : Yes, indeed.
The Shaykh : Even according to the school of jurisprudence?
The questioner : ... .
The Shaykh : Yes?
The questioner : ... .
The Shaykh : Let us look at the wording. Wait, wait, everyone, let us look. The author says "whether a slave woman, food, or clothing" a slave woman.
The questioner : ... .
The Shaykh : Meaning he did not make an exception, right?
The questioner : ... .
The Shaykh : So?
The questioner : ... .
The Shaykh : It is an oath. It is ... it is not like the wife. Okay.