What is the ruling on a husband saying to his wife: “I swear an oath that you will do it”?
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Question:
This is a message from the listener: Muhammad Dasuqi Muhammad, an Egyptian working in the Kingdom, in al-Wadi al-Dawasir. He says: I am a married man, and I used to argue with my wife a lot. In my anger, I would say to her: “I swear an oath that you will leave my house.” Sometimes she would not leave, and the oath would fall upon me. I was nineteen years old at the time and ignorant of the ruling. Sometimes she would go to her father’s house, and her father would not agree to her returning to my house because of the oath. So I would go and bring a man who memorizes the Qur’an, and people from my family and her family would gather at her father’s house. The man who memorizes the Qur’an would say to me: “Say: I seek forgiveness from Allah.” So I would say the same, “I seek forgiveness from Allah,” three times. Then he would say to me: “Say: I have returned my wife to my authority, and Allah is a witness to that, and those present, and Allah is the best of witnesses.” At that point, her father would allow it, and she would go with me to my house. Is it correct that this statement is the expiation for the oath, and that it does not have an expiation like divorce? Because there are people who say that the phrase “I swear an oath” does not bind the wife to anything?
So please inform me, may Allah reward you.
Answer:
If a man says to his wife: “I swear an oath that you will leave the house,” or “you will not leave the house,” or “you will not talk to so-and-so,” or “you will not do such and such,” then it is according to his intention. If his intention is divorce, it is a divorce. If his intention is an oath by Allah, it is according to his intention. If his purpose is to prevent her from going out, even if he intended divorce, the purpose is to prevent her, not to divorce her. Rather, the purpose is to prevent her from going out to frighten and scare her when she hears this statement so that she does not go out. In that case, he owes the expiation for an oath.
Likewise, if his intention is an oath by Allah, or if he intends to make it forbidden to prevent her from going out, not to make her forbidden to him, then he owes the expiation for an oath. This is feeding ten poor people, half a sa’ of the local staple food for each poor person, meaning: one and a half kilograms of the local staple food. Or clothing them, a shirt for each person, meaning: a tunic to wear, or a lower garment and a cloak is sufficient.
If a man has another intention, if he intends by this statement to make her forbidden to him, if she goes out, or if he intends for her to go out, then it is according to his intention. If he intends to make her forbidden, she becomes forbidden to him, and he owes the expiation for zihar, which is freeing a believing slave. If he is unable, he fasts two consecutive months. If he is unable, he feeds sixty poor people.
As for if he did not intend anything but to prevent her, he did not intend anything but to prevent her only, and did not intend to divorce her, nor to make her forbidden, and did not intend anything but merely to prevent her from going out, or he intended for her to stay in the house, not to go out, or not to talk to so-and-so, or not to visit so-and-so, then it is according to his intention, and he owes the expiation for an oath. Because if he did not intend anything but to prevent her, then he owes only the expiation for an oath. Even if he intended divorce, or intended to make it forbidden, meaning: that she should not go out, meaning: he intended by this to prevent her. If he said “I swear an oath that you will not go out,” he owes the oath. If he said “I swear an oath by Allah that you will not go out,” he owes the oath by Allah. If he said “I swear an oath that you will go out,” or “I swear an oath by Allah that you will go out,” or “I divorce you that you will go out,” or “I make it forbidden that you will go out,” as long as his purpose is prevention by these matters, and his purpose is not making it forbidden or divorce, but rather his purpose is to prevent her from going out, then the ruling for all of this is the ruling of an oath, according to the correct view. It does not result in divorce, nor in making her forbidden, as long as his purpose is prevention. As long as his purpose in this statement is to prevent her from going out, he owes the expiation for the oath, which is what was mentioned: feeding ten poor people, half a sa’ of the local staple food for each poor person, and its amount is approximately one and a half kilograms. If he clothes them—clothes the ten—with a shirt for each person, or gives each person a lower garment and a cloak, that is sufficient. If he is unable and becomes poor and cannot do it, he fasts three days. Yes.
The presenter: As for the action he performed based on the expiation?
The Shaykh: As for this action he performed, it has no basis. This has no basis. The fact that the reciter reads and says: “I seek forgiveness from Allah,” this is not sufficient, and this is not a solution to the problem. Yes.
The presenter: May Allah reward you with good.
This is a message from the listener: Muhammad Dasuqi Muhammad, an Egyptian working in the Kingdom, in al-Wadi al-Dawasir. He says: I am a married man, and I used to argue with my wife a lot. In my anger, I would say to her: “I swear an oath that you will leave my house.” Sometimes she would not leave, and the oath would fall upon me. I was nineteen years old at the time and ignorant of the ruling. Sometimes she would go to her father’s house, and her father would not agree to her returning to my house because of the oath. So I would go and bring a man who memorizes the Qur’an, and people from my family and her family would gather at her father’s house. The man who memorizes the Qur’an would say to me: “Say: I seek forgiveness from Allah.” So I would say the same, “I seek forgiveness from Allah,” three times. Then he would say to me: “Say: I have returned my wife to my authority, and Allah is a witness to that, and those present, and Allah is the best of witnesses.” At that point, her father would allow it, and she would go with me to my house. Is it correct that this statement is the expiation for the oath, and that it does not have an expiation like divorce? Because there are people who say that the phrase “I swear an oath” does not bind the wife to anything?
So please inform me, may Allah reward you.
Answer:
If a man says to his wife: “I swear an oath that you will leave the house,” or “you will not leave the house,” or “you will not talk to so-and-so,” or “you will not do such and such,” then it is according to his intention. If his intention is divorce, it is a divorce. If his intention is an oath by Allah, it is according to his intention. If his purpose is to prevent her from going out, even if he intended divorce, the purpose is to prevent her, not to divorce her. Rather, the purpose is to prevent her from going out to frighten and scare her when she hears this statement so that she does not go out. In that case, he owes the expiation for an oath.
Likewise, if his intention is an oath by Allah, or if he intends to make it forbidden to prevent her from going out, not to make her forbidden to him, then he owes the expiation for an oath. This is feeding ten poor people, half a sa’ of the local staple food for each poor person, meaning: one and a half kilograms of the local staple food. Or clothing them, a shirt for each person, meaning: a tunic to wear, or a lower garment and a cloak is sufficient.
If a man has another intention, if he intends by this statement to make her forbidden to him, if she goes out, or if he intends for her to go out, then it is according to his intention. If he intends to make her forbidden, she becomes forbidden to him, and he owes the expiation for zihar, which is freeing a believing slave. If he is unable, he fasts two consecutive months. If he is unable, he feeds sixty poor people.
As for if he did not intend anything but to prevent her, he did not intend anything but to prevent her only, and did not intend to divorce her, nor to make her forbidden, and did not intend anything but merely to prevent her from going out, or he intended for her to stay in the house, not to go out, or not to talk to so-and-so, or not to visit so-and-so, then it is according to his intention, and he owes the expiation for an oath. Because if he did not intend anything but to prevent her, then he owes only the expiation for an oath. Even if he intended divorce, or intended to make it forbidden, meaning: that she should not go out, meaning: he intended by this to prevent her. If he said “I swear an oath that you will not go out,” he owes the oath. If he said “I swear an oath by Allah that you will not go out,” he owes the oath by Allah. If he said “I swear an oath that you will go out,” or “I swear an oath by Allah that you will go out,” or “I divorce you that you will go out,” or “I make it forbidden that you will go out,” as long as his purpose is prevention by these matters, and his purpose is not making it forbidden or divorce, but rather his purpose is to prevent her from going out, then the ruling for all of this is the ruling of an oath, according to the correct view. It does not result in divorce, nor in making her forbidden, as long as his purpose is prevention. As long as his purpose in this statement is to prevent her from going out, he owes the expiation for the oath, which is what was mentioned: feeding ten poor people, half a sa’ of the local staple food for each poor person, and its amount is approximately one and a half kilograms. If he clothes them—clothes the ten—with a shirt for each person, or gives each person a lower garment and a cloak, that is sufficient. If he is unable and becomes poor and cannot do it, he fasts three days. Yes.
The presenter: As for the action he performed based on the expiation?
The Shaykh: As for this action he performed, it has no basis. This has no basis. The fact that the reciter reads and says: “I seek forgiveness from Allah,” this is not sufficient, and this is not a solution to the problem. 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.