Does the oath of prohibition take effect if a husband tells his mother and sister that his wife is forbidden to him, but does not say so directly to his wife?
A husband's statement to his wife, "You are of no use to me at all," is a 'kinayah' (allusion) of divorce, and divorce occurs if the husband intended it. As for his statement to his mother and sister that his wife is '' (forbidden) to him, if it was merely informing them of a divorce that had already taken place, then nothing results from it. However, if it was an act of initiating something, then the preponderant opinion is that declaring one's wife 'haram' depends on the husband's intention. If he intended divorce, then it is a divorce. If he intended 'zihar' (a pre-Islamic form of divorce by likening one's wife to an unmarriageable relative), then it is 'zihar'. If he intended an oath, then it is an oath. It is necessary to consult scholars and the court to ascertain the true intention behind these words.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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