The ruling on a woman declaring herself forbidden to her husband and swearing an oath to that effect
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Question:
A letter signed by one of the brothers asks and says: What is the ruling on a woman who raised the Book of Allah and swore by it twice, saying to her husband, "I am forbidden to you in cohabitation and eating," or in other words, she said to him: "This is the mushaf, and this is the mushaf; I am forbidden to you in sleep, meaning: I will not sleep with you, and in eating, I will not eat with you, and in cohabitation." Does she have the authority to divorce? Or is divorce in the husband's hand? May Allah reward you with good.
Answer:
Divorce is in the husband's hand by the consensus of the Muslims. As for her declaring herself forbidden from sleeping with him and eating with him, this is not permissible for her, and she must repent to Allah for that. Even if she swore by the Qur'an, or said "By Allah," or "By Allah," or "By the Great Allah," all of that is not permissible for her. She must expiate her oath, and for her declaration of prohibition, she must pay the expiation for an oath. Her husband does not become forbidden to her, nor does she become forbidden to him, but she must pay the expiation for the oath. This is based on the saying of Allah (Exalted and Majestic is He): [Surat al-Tahrim: 2]. Therefore, the ruling on her declaration of prohibition is the same as the ruling on an oath, so she must expiate for that.
When the Prophet (peace and blessings be upon him) declared the slave girl forbidden, and in another narration: declared honey forbidden, Allah ordered him to pay the expiation for an oath. So she must pay the expiation for an oath. She does not have the authority to divorce, and she does not have the authority to commit zihar. Zihar is exclusively for the husband, and divorce is exclusively for the husband. As for her declaring her husband forbidden, it is like her declaring food or drink forbidden; she must pay the expiation for an oath, and she remains lawful to her husband. Yes.
The presenter : May Allah reward you with good, and may He do you good.
A letter signed by one of the brothers asks and says: What is the ruling on a woman who raised the Book of Allah and swore by it twice, saying to her husband, "I am forbidden to you in cohabitation and eating," or in other words, she said to him: "This is the mushaf, and this is the mushaf; I am forbidden to you in sleep, meaning: I will not sleep with you, and in eating, I will not eat with you, and in cohabitation." Does she have the authority to divorce? Or is divorce in the husband's hand? May Allah reward you with good.
Answer:
Divorce is in the husband's hand by the consensus of the Muslims. As for her declaring herself forbidden from sleeping with him and eating with him, this is not permissible for her, and she must repent to Allah for that. Even if she swore by the Qur'an, or said "By Allah," or "By Allah," or "By the Great Allah," all of that is not permissible for her. She must expiate her oath, and for her declaration of prohibition, she must pay the expiation for an oath. Her husband does not become forbidden to her, nor does she become forbidden to him, but she must pay the expiation for the oath. This is based on the saying of Allah (Exalted and Majestic is He):
(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 مَرْضَاةَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْWhen the Prophet (peace and blessings be upon him) declared the slave girl forbidden, and in another narration: declared honey forbidden, Allah ordered him to pay the expiation for an oath. So she must pay the expiation for an oath. She does not have the authority to divorce, and she does not have the authority to commit zihar. Zihar is exclusively for the husband, and divorce is exclusively for the husband. As for her declaring her husband forbidden, it is like her declaring food or drink forbidden; she must pay the expiation for an oath, and she remains lawful to her husband. Yes.
The presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.