Is the husband's lack of knowledge of the details of what happened considered a concealment of facts by the wife, and does the oath of prohibition fall upon her if she deliberately conceals details to preserve the marital relationship?
Scholars have differed concerning swearing by the prohibition of one's wife. Some have considered it to be ẓihār, others ṭalāq (divorce), and yet others an oath (yamīn). Some have differentiated based on the swearer's intention.
If the wife does not lie, then there is nothing upon the husband. However, if she lies, then the ruling depends on the husband's intention: - If he intended ṭalāq, then divorce occurs. - If he intended ẓihār, then the expiation for ẓihār is incumbent upon him. - If he intended only to prohibit sexual intercourse, then he must offer the expiation for an oath (kaffārat yamīn).
If the husband does not know whether his wife told the truth or lied, some scholars have held that divorce occurs religiously (diyānatan).
It is advisable to avoid words of divorce and prohibition and to shun the causes of anger.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/106244
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 106244
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy