Husband swearing that his wife would become unlawful for him


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Q 2: A man swore that his wife would become unlawful to him due to a misunderstanding over a trivial matter. What is the solution for this situation? I would like to receive the answer from the Permanent Committee for Scholarly Research and Ifta' supported with evidence. Many thanks, and may Allah guide you and support you.


A: If the man's intention by declaring his wife unlawful to him was to divorce her, this is considered one pronouncement of Talaq (divorce pronounced by a husband). He may return to her as long as she is still in her `Iddah (woman's prescribed waiting period after divorce or widowhood), unless this is the third pronouncement of Talaq. However, if it was an attempt to settle the conflict, and he did not intend to divorce her, this takes the same ruling as an oath. Thus he should make Kaffarah (expiation) for an oath, which is feeding ten needy people, clothing them, or freeing a believing slave. If he cannot afford either of these, he must observe Sawm (Fast) for three days. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.




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