What is the ruling regarding a man's statement to his wife in a state of anger: "By Allah, tomorrow you will celebrate Eid with your family, otherwise you are unlawful to me as my mother is unlawful to me," knowing that the wife did not celebrate Eid with her family on that day?
The prohibition of a wife is a matter of scholarly disagreement among jurists. It is considered a major irrevocable divorce (baynunah kubra) by the Malikis, a form of ẓihār (injurious assimilation) by the Hanbalis, and it depends on the intention according to the Shafi'is: if his intention was ẓihār, then it is ẓihār; if it was divorce, then it is divorce; and if it was an oath, then it is an oath. Similarly, if he spoke generally and did not intend anything, then it is an oath. If the anger reached a degree of unconsciousness of what was being said, then the prohibition is not considered valid. However, if it was normal anger accompanied by awareness, then the speaker is held accountable for it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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