Oath by divorce, saying: “It is forbidden for me if I do such and such”; what is the ruling?
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Question:
This is a question from the listener (J. J. Q) from Fez, Morocco. He says: Sometimes I say, “My wife is divorced from me,” or “It is forbidden for me not to do that thing,” and then my soul incites me and I do it. Now I want to repent to Allah with a sincere repentance.
Please advise us, may Allah reward you with good. What is the solution to my statement? Does the divorce take effect, or do I owe an expiation, or do I have to fast?
Answer:
If you say that, the ruling varies according to the intention. The Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 1 So if you say, “It is a divorce upon me that I will not do such and such,” or “It is forbidden for me not to do such and such,” and you intended to effect the divorce with this, then the divorce takes effect as one divorce. And if you repeat it, then what you repeated takes effect, whether two or three.
But if you did not intend divorce, but rather intended to prohibit yourself from this thing, not intending divorce but intending to restrain yourself, as if you say, “It is a divorce upon me that I will not visit so-and-so,” or “It is a divorce upon me that I will not speak to so-and-so,” intending to restrain yourself from this thing and not intending to effect the divorce, then you owe the expiation for an oath, and the divorce does not take effect. The expiation for an oath is feeding ten poor people, or clothing them. Either you feed them lunch or dinner, or half a sa' (a dry measure of about 3 kg) of the local staple food, which is one and a half kilograms of the local staple food, for each person, such as dates, rice, or the like.
Or you may clothe them, giving each person a garment, such as a shirt, or an izar (lower garment) and a rida' (upper garment). The poor person who is unable to do these things fasts for three days, as indicated by the Book of Allah .
And so it is with “haram” (forbidden). If you say, “It is haram for me to do such and such,” and you intended that you are forbidding her if you do it, and that she is haram for you if you do it, then it is zihar (likening one's wife to a forbidden relative), and it carries the expiation for zihar if you do this thing. The expiation is freeing a believing slave. If you are unable, you fast for two consecutive months. If you are unable, you feed sixty poor people, thirty sa' (a dry measure of about 3 kg), distributed among them, half a sa' of the local staple food for each person, such as dates, rice, wheat, or the like. This is if you intended to forbid her to you if you did it.
But if you intended to prohibit yourself from this thing, as if you say, “It is haram for me to speak to so-and-so,” or “It is haram for me to visit so-and-so,” then its ruling is the ruling of an oath, as mentioned before. So you owe the expiation for an oath. This is based on the saying of the Exalted:[At-Tahrim 66:1] Indeed, Allah has prescribed for you the expiation for your oaths [Surah al-Tahrim: 2]. He called the prohibition an oath. Yes.
The presenter: May Allah reward you with good.
This is a question from the listener (J. J. Q) from Fez, Morocco. He says: Sometimes I say, “My wife is divorced from me,” or “It is forbidden for me not to do that thing,” and then my soul incites me and I do it. Now I want to repent to Allah with a sincere repentance.
Please advise us, may Allah reward you with good. What is the solution to my statement? Does the divorce take effect, or do I owe an expiation, or do I have to fast?
Answer:
If you say that, the ruling varies according to the intention. The Messenger of Allah (peace and blessings be upon him) said:
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات، وإنما لكل امرئ ما نوىBut if you did not intend divorce, but rather intended to prohibit yourself from this thing, not intending divorce but intending to restrain yourself, as if you say, “It is a divorce upon me that I will not visit so-and-so,” or “It is a divorce upon me that I will not speak to so-and-so,” intending to restrain yourself from this thing and not intending to effect the divorce, then you owe the expiation for an oath, and the divorce does not take effect. The expiation for an oath is feeding ten poor people, or clothing them. Either you feed them lunch or dinner, or half a sa' (a dry measure of about 3 kg) of the local staple food, which is one and a half kilograms of the local staple food, for each person, such as dates, rice, or the like.
Or you may clothe them, giving each person a garment, such as a shirt, or an izar (lower garment) and a rida' (upper garment). The poor person who is unable to do these things fasts for three days, as indicated by the Book of Allah .
And so it is with “haram” (forbidden). If you say, “It is haram for me to do such and such,” and you intended that you are forbidding her if you do it, and that she is haram for you if you do it, then it is zihar (likening one's wife to a forbidden relative), and it carries the expiation for zihar if you do this thing. The expiation is freeing a believing slave. If you are unable, you fast for two consecutive months. If you are unable, you feed sixty poor people, thirty sa' (a dry measure of about 3 kg), distributed among them, half a sa' of the local staple food for each person, such as dates, rice, wheat, or the like. This is if you intended to forbid her to you if you did it.
But if you intended to prohibit yourself from this thing, as if you say, “It is haram for me to speak to so-and-so,” or “It is haram for me to visit so-and-so,” then its ruling is the ruling of an oath, as mentioned before. So you owe the expiation for an oath. This is based on the saying of the Exalted:
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.
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاةَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.