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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on one who says: “It is forbidden for me to sell the house,” without intending divorce

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This is a letter from Ahmad Hasan Abd al-Rahim. He says in his letter: I request a ruling regarding an oath I swore concerning my wife. It is as follows: I said, “It is forbidden for me to sell the house I live in,” while in a state of anger. I did not intend to divorce my wife, nor was my intention divorce. Please inform me about this oath. May Allah reward you.
Answer: You owe the expiation for an oath if you swore that you would not sell it and then sold it; in that case, you owe the expiation for an oath. If you swore that you would sell it and then neglected to sell it, you owe the expiation for an oath. The word “forbidden” in this context carries the ruling of an oath. For example, if a person says, “It is forbidden for me to visit so-and-so,” “It is forbidden for me to speak to so-and-so,” “It is forbidden for me to eat your slaughter, so-and-so,” or “It is forbidden for me to accept your hospitality, so-and-so,” he owes the expiation for an oath. This is because Allah, Glorified and Exalted is He, says:
(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 oathsيَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ تَبْتَغِي مَرْضَاةَ أَزْوَاجِكَ وَاللَّهُ غَفُورٌ رَحِيمٌ ۝ قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ..
[Surat al-Tahrim: 1-2]. Therefore, saying “forbidden” in such cases is an oath that requires expiation. If he says, “It is forbidden for me to sell my house,” or “It is forbidden for me not to sell it” and then sells it, or “It is forbidden for me to sell it” and then sells it, the point is that if he forbids something and then does it, he owes the expiation for an oath. However, if he forbids his wife and says, “She is forbidden to me,” its ruling is the ruling of zihar, and the expiation for zihar applies. But if he forbids selling his house or selling his car, or forbids eating the hospitality of so-and-so, or forbids speaking to so-and-so, or visiting so-and-so, all of this requires the expiation for an oath: feeding ten poor people, or clothing them. For each poor person, it is half a sa’ of dates or other staple food of the land, or clothing him with a garment that covers him in prayer, or an izar and a rida. Yes.
The presenter: May Allah reward you.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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