Does a divorce occur by the husband's words "You are forbidden as Mecca is forbidden to the Jews," said to his wife in her absence, while he was angry because she left the house without his consent? And does it affect the ruling that the wife was not pure and he had intercourse with her more than three times without her performing ghusl?
If the husband says to his wife: "You are unlawful to me," his intention is considered: - If he intended Zihar, then it is Zihar, and its expiation is explained in Fatwa no. 30249. - If he intended divorce, then it is a divorce that takes effect even if the wife is menstruating, according to the majority of scholars, but it does not take effect according to Ibn Taymiyyah. - If he intended an oath, then it is an oath, and its expiation is explained in Fatwa no. 88445. - If he did not intend anything, then it is an oath.
However, if the husband uttered that before his mother closed his mouth, then considering his intention is obligatory. But if his mouth was closed before he completed the phrase "you are unlawful," then nothing is incumbent upon him. If a husband has intercourse with his wife while she is menstruating, both are sinful, and they must repent. There is no expiation upon them according to the majority of scholars, but according to the Hanbalis, each of them must pay a dinar or half of it for each act of intercourse.
It is forbidden for the wife to harm her husband or to leave his house without his permission.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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