What is the ruling on one who swore in a colloquial dialect, "haram like my mother," not to commit a sin, and then went back and committed that sin again?
If a man says to his wife, "You are forbidden to me like my mother," the ruling depends on his intention:
If he intended divorce: It is a divorce. If he intended ẓihār (a form of divorce by likening one's wife to a forbidden close relative): It is ẓihār. If he did not specify an intention: He may choose between making it a divorce or ẓihār. If he intended by making her forbidden to forbid her very essence, and did not intend divorce or ẓihār: Neither of them occurs, and he must pay an expiation for a broken oath (kaffārat yamīn).
And if he intended ẓihār with the phrase "You are forbidden to me like my mother," it is ẓihār. If he intended divorce, it is a divorce. If he intended both, or if he said "You are forbidden to me," he may choose between them. If he intended by making her forbidden to forbid her very essence, he must pay an expiation for a broken oath (kaffārat yamīn).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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