Ruling on one who swore by the forbidden that his wife would not do something, and she did it while forgetting
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Question:
This questioner from Ta'if, Abu Faisal, says: O His Eminence the Shaykh! Three years ago, he swore to his wife using the word "forbidden," saying that if she did such and such, she would not travel to her family. He says: And because he forgot the oath of "forbidden," we traveled to her family. This happened from her twice, and my oath of "forbidden" also repeated. I ask your excellence for guidance?
Answer:
If the travel was due to forgetting, then there is nothing on him. The Lord, Exalted and Majestic, says: [al-Baqarah:286], and it is established from the Messenger of Allah (peace and blessings be upon him): Sahih Ibn Hibban 6:266, so the one who forgets owes nothing. If you said, "It is forbidden for you to travel on such and such a day," and you traveled while forgetting, then there is nothing on you.
As for if it was intentional, and you intended to prevent her from traveling, and you said, "It is forbidden," with your intention being to prevent her, not to make it forbidden for her, but rather to prevent and threaten her, then in this case there is the expiation for an oath: feeding ten poor people, or clothing them, or freeing a slave. If one is unable to do so, he fasts for three days, if the intention was to threaten, prevent, and warn.
As for if the intention was to make her forbidden to you if she traveled, then in that case, you must pay the expiation for zihar, which is: freeing a slave. If you are unable, you fast for two consecutive months, sixty days. If you are unable, you feed sixty poor people, thirty sa' (a dry measure of about 3 kg), ninety kilograms, where each poor person gets half a sa' (a dry measure of about 3 kg), one and a half kilograms.
As for if the intention was to warn and threaten, and you said, "It is forbidden for you to travel," with your intention being to threaten and warn, then this is the expiation for an oath, if she did the thing sworn about intentionally. As for if she was forgetting, then there is nothing on you. Yes.
This questioner from Ta'if, Abu Faisal, says: O His Eminence the Shaykh! Three years ago, he swore to his wife using the word "forbidden," saying that if she did such and such, she would not travel to her family. He says: And because he forgot the oath of "forbidden," we traveled to her family. This happened from her twice, and my oath of "forbidden" also repeated. I ask your excellence for guidance?
Answer:
If the travel was due to forgetting, then there is nothing on him. The Lord, Exalted and Majestic, says:
Our Lord, do not impose blame upon us if we have forgotten or erred.
رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَاIndeed, Allah, Exalted and Majestic, has done
إن الله جل وعلا قد فعلAs for if it was intentional, and you intended to prevent her from traveling, and you said, "It is forbidden," with your intention being to prevent her, not to make it forbidden for her, but rather to prevent and threaten her, then in this case there is the expiation for an oath: feeding ten poor people, or clothing them, or freeing a slave. If one is unable to do so, he fasts for three days, if the intention was to threaten, prevent, and warn.
As for if the intention was to make her forbidden to you if she traveled, then in that case, you must pay the expiation for zihar, which is: freeing a slave. If you are unable, you fast for two consecutive months, sixty days. If you are unable, you feed sixty poor people, thirty sa' (a dry measure of about 3 kg), ninety kilograms, where each poor person gets half a sa' (a dry measure of about 3 kg), one and a half kilograms.
As for if the intention was to warn and threaten, and you said, "It is forbidden for you to travel," with your intention being to threaten and warn, then this is the expiation for an oath, if she did the thing sworn about intentionally. As for if she was forgetting, then there is nothing on you. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.