Islam Question and Answer - She said to her husband: You are haraam to me until the Day of Judgement

She said to her husband: You are haraam to me until the Day of Judgement

A woman swore an oath to her husband and said to him: You are haraam to me until the Day of Judgement. What is the religious ruling on that? What is required to get out of her oath? Will she be brought to account for that?.

 

Praise be to Allaah.

If a wife says to her
husband, You are haraam for me, or you are haraam until the Day of
Judgement, that does not result in zihaar or talaaq, because zihaar and
talaaq can only be done by the husband. Rather it comes under the heading of
making what is halaal haraam, such as stating that some kind of clothing or
food is haraam. When breaking this oath she must offer expiation for
breaking an oath, because Allaah says (interpretation of the meaning): 

“O Prophet! Why do you
forbid (for yourself) that which Allaah has allowed to you, seeking to
please your wives? And Allaah is Oft‑Forgiving, Most Merciful.

2. Allaah has already
ordained for you (O men) the absolution from your oaths”

[al-Tahreem 66:1-2] 

So Allaah has described
making haraam something that is halaal as a kind of oath. 

The expiation for breaking
an oath is freeing a slave, or feeding or clothing ten poor persons. The one
who cannot do any of these things must fast three days. 

She only breaks the oath if
her husband has intercourse with her when she is willing. 

Shaykh Ibn Baaz (may Allaah
have mercy on him) was asked: If a woman says to her husband, If you do such
and such you are haraam for me like my father, what is the ruling on that? 

He replied: If a woman says
she is haraam for her husband or she likens him to one of her mahrams, that
comes under the same ruling as an oath, and does not come under the ruling
on zihaar, because zihaar can only be done by husbands to wives according to
the text of the Qur’aan. 

In that case the woman must
offer expiation for breaking an oath, which is to feed ten poor persons,
giving each poor person half a saa’ of the local staple food, which is
equivalent to approximately one and a half kilograms, giving them either
lunch or dinner; or clothing them in garments that are acceptable for
praying in, because Allaah says (interpretation of the meaning):

“Allaah will not punish
you for what is unintentional in your oaths, but He will punish you for your
deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen
(poor persons), on a scale of the average of that with which you feed your
own families, or clothe them or manumit a slave. But whosoever cannot afford
(that), then he should fast for three days. That is the expiation for the
oaths when you have sworn. And protect your oaths (i.e. do not swear much)”

[al-Maa'idah 5:89]. 

If a woman makes haraam
that which Allaah has permitted, it comes under the same ruling as an oath.
The same applies to a man making haraam that which Allaah has forbidden,
except his wife, because Allaah says (interpretation of the meaning): 

“O Prophet! Why do you
forbid (for yourself) that which Allaah has allowed to you, seeking to
please your wives? And Allaah is Oft‑Forgiving, Most Merciful.

2. Allaah has already
ordained for you (O men) the absolution from your oaths. And Allaah is your
Mawlaa (Lord, or Master, or Protector) and He is the All‑Knower, the
All‑Wise”

[al-Tahreem 66:1-2] 

End quote from Fataawa
Islamiyyah (3/301). 

The wife must repent to
Allaah for saying this, because making haraam what is halaal is not
permissible. 

And Allaah knows best.

 

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