The ruling on one who swears by the forbidden not to do something, then does it
Machine translationRead the Arabic original
Question:
The listener (M. M. M.), a resident of the Kingdom and of Sudanese origin, sent a message written in his colloquial dialect. The meaning of this message is: Following a dispute between him and his wife, he swore by the forbidden that he would not eat her food or maintain contact with her, but he did so. He asks about the ruling.
Answer:
This varies according to the intention. If his intention in swearing by the forbidden not to eat her food was to refrain from it, meaning he intended to refrain from what he swore against, and did not intend to make her herself forbidden to him, but rather intended only to refrain from what he swore against, then an oath expiation is sufficient for him, along with repentance to Allah and seeking forgiveness.
The oath expiation is: feeding ten poor people from the staple food of the land, or clothing them. Each person is given half a sa' of dates, rice, or wheat, which is approximately one and a half kilograms, or clothing each of them with a garment that suffices them for prayer, such as a shirt or a lower garment and a cloak. If he is unable and poor and cannot do that, he fasts for three days.
However, if he intended to make her forbidden to him, such that she is forbidden to him like his mother or sister, this is called zihar if that was his intention. If he eats or does anything of what is forbidden to him, then the zihar expiation is required of him, as mentioned in Surat al-Mujadilah: [al-Mujadilah:1]. It is freeing a believing slave. If he is unable, he fasts for two consecutive months, sixty days. If he is unable, he feeds sixty poor people, each poor person receiving half a sa' of the staple food of the land, such as dates, rice, or otherwise, which is approximately one and a half kilograms. If he invites them to dinner or lunch, that suffices. Sixty poor people, sixty indigent people, are given thirty sa' in total, with each sa' divided between two people. This is if he intended to make her forbidden.
As for if he intended only to refrain from eating and the like, and did not intend to make her forbidden, then the oath expiation is sufficient for him, as previously mentioned.
The presenter: May Allah reward you with good. If you would be so kind as to repeat the amount that equals a sa' in kilograms, O Shaykh?
The Shaykh: Three kilograms. A sa' equals approximately three kilograms. A sa' equals, yes.
The presenter: May Allah reward you with good.
The listener (M. M. M.), a resident of the Kingdom and of Sudanese origin, sent a message written in his colloquial dialect. The meaning of this message is: Following a dispute between him and his wife, he swore by the forbidden that he would not eat her food or maintain contact with her, but he did so. He asks about the ruling.
Answer:
This varies according to the intention. If his intention in swearing by the forbidden not to eat her food was to refrain from it, meaning he intended to refrain from what he swore against, and did not intend to make her herself forbidden to him, but rather intended only to refrain from what he swore against, then an oath expiation is sufficient for him, along with repentance to Allah and seeking forgiveness.
The oath expiation is: feeding ten poor people from the staple food of the land, or clothing them. Each person is given half a sa' of dates, rice, or wheat, which is approximately one and a half kilograms, or clothing each of them with a garment that suffices them for prayer, such as a shirt or a lower garment and a cloak. If he is unable and poor and cannot do that, he fasts for three days.
However, if he intended to make her forbidden to him, such that she is forbidden to him like his mother or sister, this is called zihar if that was his intention. If he eats or does anything of what is forbidden to him, then the zihar expiation is required of him, as mentioned in Surat al-Mujadilah:
Has heard
قَدْ سَمِعَAs for if he intended only to refrain from eating and the like, and did not intend to make her forbidden, then the oath expiation is sufficient for him, as previously mentioned.
The presenter: May Allah reward you with good. If you would be so kind as to repeat the amount that equals a sa' in kilograms, O Shaykh?
The Shaykh: Three kilograms. A sa' equals approximately three kilograms. A sa' equals, yes.
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.