He Swore to Abandon Something and He Did Not Abandon it
Question :
I swore by Allah, declaring my wife forbidden if she did a certain thing. Then I regretted this obligation and declaring her forbidden. What is the ruling on this, bearing in mind that I sought forgiveness from Allah and my wife did the thing about which I had sworn?
Answer:
You must atone for the unfulfilled oath, since you swore to abandon something and you did not abandon it, or you swore to your wife that she must not do something and she did it. As for the declaration that she would be forbidden, if you intended by it to emphasize the vow, then hopefully it is enough for you to atone for the unfulfilled oath. But if you meant to declare your wife forbidden in addition to the oath, then you must make the atonement for Zihar, which is mentioned at the beginning of the Surah:
"Indeed Allah has heard the statement of her (Khaulah bint Tha'labah) that disputes with you (O Muhammad) concerning her husband"
Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 6 Pages 371-372
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