The Ruling on Breaking an Oath Sworn with the Forbidden
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Question:
A letter was sent by one of the listeners from Sudan. He says: (A. A.) is a Sudanese resident in al-Majma'ah. Our brother wrote his letter in his colloquial dialect, and I understood from it that he swore with the forbidden (haram) that his wife would not go to her mother's house. So she went and disregarded his haram, and he asks about the ruling?
Answer:
This differs according to his intention. If he swore and said, "It is haram for you to go to your mother's house, or to your brother's house, or to the house of so-and-so's family," and his intention was to make it forbidden for her, his intention being that if she goes, it is forbidden for her, then its ruling is the ruling of zihar according to the most correct opinion of the scholars of knowledge. Upon him is the expiation of zihar if he contradicted it and she went, which is freeing a believing slave. If he does not find one, then fasting two consecutive months. If he is unable to do that, then feeding sixty poor people, each poor person receiving half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates, rice, or other, before he touches her; because this is zihar.
As for if he intended only to prevent her, not intending to make it forbidden for her, but only intending to frighten her, threaten her, and prevent her from going, and not intending to make it forbidden for her if she went, then this has the ruling of an oath according to the most correct opinions, which is feeding ten poor people, or clothing them, or freeing a slave. If he is unable to do these three, he fasts three days, as stated in the Qur'anic text in His saying, the Exalted: [Al-Ma'idah: 89] the verse.
So Allah guided us to preserve oaths and showed us the expiation for an oath. Making forbidden what Allah has made lawful, such as food, drink, clothing, or the like, is like an oath. And so is making a woman forbidden if he intended to prevent her and did not intend to make her forbidden, but only intended to prevent her; its ruling is the ruling of making food and drink forbidden. It carries the expiation of an oath. And success is from Allah. Yes.
A letter was sent by one of the listeners from Sudan. He says: (A. A.) is a Sudanese resident in al-Majma'ah. Our brother wrote his letter in his colloquial dialect, and I understood from it that he swore with the forbidden (haram) that his wife would not go to her mother's house. So she went and disregarded his haram, and he asks about the ruling?
Answer:
This differs according to his intention. If he swore and said, "It is haram for you to go to your mother's house, or to your brother's house, or to the house of so-and-so's family," and his intention was to make it forbidden for her, his intention being that if she goes, it is forbidden for her, then its ruling is the ruling of zihar according to the most correct opinion of the scholars of knowledge. Upon him is the expiation of zihar if he contradicted it and she went, which is freeing a believing slave. If he does not find one, then fasting two consecutive months. If he is unable to do that, then feeding sixty poor people, each poor person receiving half a sa' (a dry measure of about 3 kg) of the local staple food, such as dates, rice, or other, before he touches her; because this is zihar.
As for if he intended only to prevent her, not intending to make it forbidden for her, but only intending to frighten her, threaten her, and prevent her from going, and not intending to make it forbidden for her if she went, then this has the ruling of an oath according to the most correct opinions, which is feeding ten poor people, or clothing them, or freeing a slave. If he is unable to do these three, he fasts three days, as stated in the Qur'anic text in His saying, the Exalted:
Allah will not impose blame upon you for what is meaningless in your oaths, but He will impose blame upon you for [breaking] what you intended of oaths. So its expiation is the feeding of ten needy people from the average of that which you feed your [own] families or clothing them or the freeing of a slave. But whoever cannot find [or afford it] - then a fast of three days [is required]. That is the expiation for oaths when you have sworn. But guard your oaths
لا يُؤَاخِذُكُمُ اللَّهُ بِاللَّغْوِ فِي أَيْمَانِكُمْ وَلَكِنْ يُؤَاخِذُكُمْ بِمَا عَقَّدْتُمُ الأَيْمَانَ فَكَفَّارَتُهُ إِطْعَامُ عَشَرَةِ مَسَاكِينَ مِنْ أَوْسَطِ مَا تُطْعِمُونَ أَهْلِيكُمْ أَوْ كِسْوَتُهُمْ أَوْ تَحْرِيرُ رَقَبَةٍ فَمَنْ لَمْ يَجِدْ فَصِيَامُ ثَلاثَةِ أَيَّامٍ ذَلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ وَاحْفَظُوا أَيْمَانَكُمْSo Allah guided us to preserve oaths and showed us the expiation for an oath. Making forbidden what Allah has made lawful, such as food, drink, clothing, or the like, is like an oath. And so is making a woman forbidden if he intended to prevent her and did not intend to make her forbidden, but only intended to prevent her; its ruling is the ruling of making food and drink forbidden. It carries the expiation of an oath. And success is from Allah. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.