The Ruling on Prohibiting One's Wife

He also asks and says: I swore an oath and said, “The forbidden is upon me regarding the prohibition.” Is this an oath, or is it a divorce? Does it require an expiation or not? Please inform us; may Allah reward you.
Answer: The ruling on this statement is the ruling of zihar. If a man says, “The forbidden is upon me regarding my wife,” or “The forbidden is upon me from my wife,” or “My wife is forbidden to me,” or “She is like my mother,” or “Like my sister,” or “Like my daughter,” or similar phrases, then in the most correct opinion of the scholars, its ruling is the ruling of zihar. He owes the expiation for zihar, provided he did not intend divorce by it, but rather intended prohibition, or he uttered it without intending anything specific. In this case, the expiation for zihar prescribed in Surat al-Mujadilah applies, which is freeing a believing slave. If that is not feasible, he must fast for two consecutive months. If he is unable to do that, he must feed sixty poor people before he touches her, before he approaches her. This is what is obligatory in zihar. If a man says, “My wife is forbidden to me,” or “The forbidden is upon me from my wife,” or “My wife is forbidden,” or “She is forbidden to me like my mother,” or “Like my mother’s back,” or “Like my sister,” or “Like my sister’s back,” or similar phrases, then this is called zihar, and its expiation is due. It is forbidden; this speech is not permissible. Allah has called it an indecent word and a lie. She is not actually forbidden to him, so his declaring her forbidden is an indecency. He must repent to Allah for that, seek forgiveness, and feel remorse. The one who does this owes the expiation, which, as mentioned, is freeing a male or female slave from among the Muslims. If that is not feasible, he must fast for two consecutive months, sixty days. If that is not feasible and he is unable to do it, he must feed sixty poor people, meaning sixty poor persons, giving each poor person half a sa' of the local staple food, such as dates, rice, wheat, or other local staple foods, before he touches her, before he approaches her.
As for if he says, “The forbidden is upon me if I do such and such,” or “The forbidden is upon me if I talk to so-and-so,” or “The forbidden is upon me if I travel to such and such a place,” this is a conditional prohibition. If his intention is to prevent himself from the action he intended, such as traveling or talking, then in the most correct opinion of the scholars, it has the ruling of an oath, not the ruling of zihar. If a husband says, “The forbidden is upon me if I travel today,” “The forbidden is upon me if I talk to so-and-so,” “The forbidden is upon me if I visit so-and-so,” “The forbidden is upon me if you go to so-and-so” to prevent her, or “The forbidden is upon me if you go to your family today” to prevent her, or to prevent himself from traveling or similar, then these phrases have the ruling of an oath in the most correct opinion of the scholars. He owes the expiation for an oath, which is feeding ten poor people, or clothing them, or freeing a slave. If he is unable to do that, he must fast for three days. This is what is obligatory in these matters. However, if he intended divorce, it has a different ruling. If he intended divorce and did not intend prohibition, but rather intended to divorce her, and said, “So-and-so is forbidden to me,” or “My wife is forbidden to me,” and his intention was to divorce her, then it counts as one divorce. This is one divorce that is counted against him. If he had previously divorced her twice, then the three are complete and she is forbidden to him until she marries another husband. If he had not previously divorced her, or had only divorced her once previously, then he may take her back as long as she is in the waiting period. The Sunnah is to have two just witnesses testify that he has taken her back as long as she is in the waiting period. If he said it to prevent, to urge, to confirm, or to deny, without intending to effect a divorce, such as saying, “The forbidden is upon me” intending divorce, or saying, “The divorce is upon me if I do not travel,” “If I do not talk to so-and-so,” “If I do not visit so-and-so,” or “The divorce is upon me if you do not visit your family,” or “The divorce is upon me if you do not talk to so-and-so,” and his intention was to prevent, then this is like what was mentioned before; its ruling is the ruling of an oath, and the expiation for an oath is due. And success is from Allah.
The presenter: May Allah reward you.