Swearing to Az-Zihar
الفئة: Islamic Rulings

Swearing to Az-Zihar


Question :

I have a friend who works in the Kingdom and he had a bad habit, and however much he tried to stop it, he could not, he would only return to his habit again. Then one day, he swore to himself that his wife would be forbidden to him like his mother and his sister (and his wife did not know, because she was in her country). Then he returned to his habit once more. Is his wife considered to be divorced and forbidden to him, or is his oath not counted because his wife did not know, and she is blameless in the matter. Bearing in mind that he had sexual intercourse with his wife when he returned to his country. What should he do, may Allah benefit you?


Answer:

The answer to this question is from two angles: The first is that I have understood from the question that this habit which he used to indulge in is one which is forbidden. It must have been something unbefitting for the believer to indulge in.

It is incumbent upon a man faced with these forbidden matters to use the religion as a barrier before using an oath as a barrier from oaths. He should use the religion as a barrier, by fearing Allah, the Almighty, the All-Powerful thereby preventing him from doing these forbidden things. When a person makes his intention purely and sincerely for Allah, and he is determined, and seeks help from Allah, Most Glorified, Most High, He will make the matter easy for him.

The second point is regarding what has now resulted from this.

We say, since by declaring your wife forbidden and saying that she was like your mother, you only intended to swear an oath, to emphasize your intention to abstain from this sin, then, by a condition such as this, your wife is not forbidden to you and this is not divorce, nor is it Az-Zihar.

Therefore, it is only incumbent upon you to perform the atonement for an oath, because this is an oath in the full sense.The Book of Az-Zihar of the word. Allah, Most High has said:
"but He will punish you for your deliberate oaths."

So He has made it dependant upon a deliberate intention. And the Prophet said:
"Deeds are according to intentions, and every person shall have what he intended."

So Allah, Most High has declared the oath to be a prohibition.

The important thing is that as long as your intention was to abstain, or it was uttered to emphasize the abstention from that. thing, if you did it, your wife is not forbidden to you. It is rather only incumbent upon you to perform the atonement for an oath. And the atonement for an oath is to feed ten poor persons or clothe them, or, to free a slave, and if it is not found, then to fast three days.


Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 6 Pages 86-87

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الفئة: Islamic Rulings
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