Ruling on the one who says to his wife: You are forbidden to me if you go to such-and-such
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Question:
His second question says: During my stay in my country, I swore to my wife: If you go to such-and-such place, you will be forbidden to me. While I was there, she did not go, but now, in my absence, if she goes, what is the ruling? On whom does the sin lie? And what do I do if she goes and I am not informed of it?
Answer:
If you do not know, the sin is on her; because she is obligated to obey and not to go to the place from which you forbade her, except by a Shari'ah command or a Shari'ah justification. So if she goes out and you do not know, the sin is on her. But if you know, there is a detail:
If you intended by this to forbid her if she did this thing, then upon you is the expiation for zihar.
And if you intended only to prevent her, you intended to prevent her from this thing, not to forbid her, then upon you is the expiation for the oath: feeding ten poor people, or clothing them, ten people, you feed them, each one is given half a sa' of dates from the staple food of the country, of dates, or from rice, or from wheat, or from corn, if that is the staple food of the country, and ten is sufficient, each one is given half a sa', meaning: approximately one and a half kilograms; because its ruling is the ruling of the oath, if he means he said: she is forbidden if she did such-and-such, if the intention is prevention and the intention is not to forbid her with the forbiddance of zihar, then upon him is the expiation for the oath, which is feeding ten poor people, for each poor person half a sa' of the staple food of the country, its amount is approximately one and a half kilograms, or clothing them, one shirt, or an izar and a rida'.
But if the intention is to forbid her with the forbiddance of zihar, she becomes forbidden to him if she did it, then upon him is the expiation for zihar, which is freeing a believing slave, if he is unable, he fasts two consecutive months, if he cannot, he feeds sixty poor people, thirty sa', each poor person has half a sa', approximately one and a half kilograms, before he touches her if his intention was to forbid her, before he touches her.
But if he intended by this divorce, that whenever she did it she would be divorced, then this results in one divorce, if his intention was divorce, and that whenever she did it she would be divorced, it results in one. But if he intended prevention, he did not intend divorce or forbiddance, but only intended prevention, then upon him is only the expiation for the oath as mentioned, yes.
The presenter: If she did that and he actually intended divorce, she becomes divorced from the time of the act or from the time?
The Shaykh: If he intended divorce, if he intended to effect the divorce, she becomes divorced from the time of the act.
The presenter : From the time of the act?
The Shaykh: But if he intended only to prevent her and threaten her, and did not intend to prevent her, nor to forbid her, this has the expiation for an oath, yes.
The presenter: May Allah reward you.
His second question says: During my stay in my country, I swore to my wife: If you go to such-and-such place, you will be forbidden to me. While I was there, she did not go, but now, in my absence, if she goes, what is the ruling? On whom does the sin lie? And what do I do if she goes and I am not informed of it?
Answer:
If you do not know, the sin is on her; because she is obligated to obey and not to go to the place from which you forbade her, except by a Shari'ah command or a Shari'ah justification. So if she goes out and you do not know, the sin is on her. But if you know, there is a detail:
If you intended by this to forbid her if she did this thing, then upon you is the expiation for zihar.
And if you intended only to prevent her, you intended to prevent her from this thing, not to forbid her, then upon you is the expiation for the oath: feeding ten poor people, or clothing them, ten people, you feed them, each one is given half a sa' of dates from the staple food of the country, of dates, or from rice, or from wheat, or from corn, if that is the staple food of the country, and ten is sufficient, each one is given half a sa', meaning: approximately one and a half kilograms; because its ruling is the ruling of the oath, if he means he said: she is forbidden if she did such-and-such, if the intention is prevention and the intention is not to forbid her with the forbiddance of zihar, then upon him is the expiation for the oath, which is feeding ten poor people, for each poor person half a sa' of the staple food of the country, its amount is approximately one and a half kilograms, or clothing them, one shirt, or an izar and a rida'.
But if the intention is to forbid her with the forbiddance of zihar, she becomes forbidden to him if she did it, then upon him is the expiation for zihar, which is freeing a believing slave, if he is unable, he fasts two consecutive months, if he cannot, he feeds sixty poor people, thirty sa', each poor person has half a sa', approximately one and a half kilograms, before he touches her if his intention was to forbid her, before he touches her.
But if he intended by this divorce, that whenever she did it she would be divorced, then this results in one divorce, if his intention was divorce, and that whenever she did it she would be divorced, it results in one. But if he intended prevention, he did not intend divorce or forbiddance, but only intended prevention, then upon him is only the expiation for the oath as mentioned, yes.
The presenter: If she did that and he actually intended divorce, she becomes divorced from the time of the act or from the time?
The Shaykh: If he intended divorce, if he intended to effect the divorce, she becomes divorced from the time of the act.
The presenter : From the time of the act?
The Shaykh: But if he intended only to prevent her and threaten her, and did not intend to prevent her, nor to forbid her, this has the expiation for an oath, yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.