What is the ruling if a man says to his wife: "By Allah, it is forbidden for me to share the bed with you," if he does not intend divorce or to forbid cohabitation, but only intends to lie on the bed with her? And does divorce occur if a man says to his wife: "You are divorced," during a period of purity in which he had intercourse with her?
A man's statement to his wife, "By Allah, it is unlawful for me to share the bed with you," does not constitute divorce unless he intends it. It is not an ila' (vow of abstention) unless he intends to make sexual intercourse unlawful. This falls under the category of making lawful things unlawful, which does not render the lawful unlawful. He must offer an expiation for breaking an oath (kaffarat ) if he violates it, according to the more preponderant opinion, or nothing is incumbent upon him according to the majority of scholars. It is important to note that it is not permissible to make lawful things unlawful. As for a man divorcing his wife during a period of purity in which he had intercourse with her, this is an innovated divorce ( bid'i) that is considered valid by the majority of scholars, and this is the correct and more cautious view.
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