The Ruling on Swearing by What Is Forbidden and Its Expiation
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Question:
He asks another question, saying: A man has the habit of swearing by what is forbidden, so he constantly says: “It is forbidden upon me to do such and such,” or “I will not do such and such,” and the like. Does this affect the marriage?
Answer:
The ruling on this is the ruling on an oath. If he says, “It is forbidden upon me to speak to so-and-so,” or “It is forbidden upon me to eat such and such,” or “It is forbidden upon me to travel,” and the like, the ruling is that of an oath, and it carries the expiation for an oath. This is based on the statement of Allah (Glorified and Exalted is He) :[At-Tahrim 66:1]“Allah has prescribed for you the release from your oaths” [Surah al-Tahrim: 1-2]. This was revealed regarding his prohibition of honey, or according to another report, regarding his prohibition of Mariyah, his slave woman, due to what occurred between his wives in that matter: Hafsa, Aisha, and Zaynab, concerning the honey or the slave woman. He swore and made it forbidden that he would not approach her, or he made it forbidden that he would not eat the honey; so Allah revealed the aforementioned verse, which is His statement (Glorified and Exalted is He): [At-Tahrim 66:1]“Allah has prescribed for you the release from your oaths” [Surah al-Tahrim: 1-2]. Ibn Abbas said: The meaning of this is that in making something forbidden, there is the expiation for an oath. And a group of scholars said the same.
Except if he intended to make his wife forbidden. If he intended… if it is in his intention that she is forbidden to him, then in this case there is the expiation for zihar, which is mentioned in Surah al-Mujadilah. It is the freeing of a believing slave. If he is unable to do so, he fasts for two consecutive months. If he is unable to do so, he feeds sixty poor people, which is thirty sa’ (a dry measure of about 3 kg), before he approaches her, before he touches her. Each sa’ is divided between two people, so each person receives half a sa’, which is one and a half kilograms of either dates or wheat. Sixty poor people, each given one and a half kilograms, totaling ninety kilograms, which is thirty sa’, before he touches her.
As for if he did not intend the wife, but it just slipped out of his mouth like that, or if he intended to refrain from that thing and did not intend the wife, then in this case there is the expiation for an oath, as mentioned previously. Yes.
The presenter: May Allah reward you with good, and may He do you good.
He asks another question, saying: A man has the habit of swearing by what is forbidden, so he constantly says: “It is forbidden upon me to do such and such,” or “I will not do such and such,” and the like. Does this affect the marriage?
Answer:
The ruling on this is the ruling on an oath. If he says, “It is forbidden upon me to speak to so-and-so,” or “It is forbidden upon me to eat such and such,” or “It is forbidden upon me to travel,” and the like, the ruling is that of an oath, and it carries the expiation for an oath. This is based on the statement of Allah (Glorified and Exalted is He) :
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 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 Except if he intended to make his wife forbidden. If he intended… if it is in his intention that she is forbidden to him, then in this case there is the expiation for zihar, which is mentioned in Surah al-Mujadilah. It is the freeing of a believing slave. If he is unable to do so, he fasts for two consecutive months. If he is unable to do so, he feeds sixty poor people, which is thirty sa’ (a dry measure of about 3 kg), before he approaches her, before he touches her. Each sa’ is divided between two people, so each person receives half a sa’, which is one and a half kilograms of either dates or wheat. Sixty poor people, each given one and a half kilograms, totaling ninety kilograms, which is thirty sa’, before he touches her.
As for if he did not intend the wife, but it just slipped out of his mouth like that, or if he intended to refrain from that thing and did not intend the wife, then in this case there is the expiation for an oath, as mentioned previously. 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.