What is the religious ruling regarding a man who said to his wife, "You are forbidden to me like my mother and my sister" if she takes money from so-and-and-so, and then the wife forgets and takes the money and returns it? Is expiation incumbent upon the husband? And what is the religious ruling regarding the same man who said to his wife, "If you do not pray, you will be forbidden to me like my mother and my sister," and then the wife did not consistently pray? Is expiation incumbent upon him? And how does a man absolve himself from such an oath?
A husband's statement to his wife, "You are forbidden to me like my mother and sister," made in response to an action or inaction, depends on the husband's intention. If he intended ẓihār (a pre-Islamic form of divorce), it is ẓihār. If he intended ṭalāq (divorce), it is ṭalāq. Ẓihār can be conditional. Regarding the issue of forgetting to fulfill an oath of ẓihār, the Malikis held that the oath is broken, while the Shafi'is held that it is not broken if the person on whom the oath was made cares about the oath and was aware of the condition. As for the second issue, it refers back to the husband's intention: if he intended never to abandon prayer in the future, then whenever she leaves prayer, the oath is broken. If he intended a specific prayer and she performed it, then he does not break the oath by her leaving another prayer. It is advisable to consult the courts.
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