What is the ruling regarding a man's statement to his wife: "My children are forbidden to me if I touch you," if by "touch" he intends intercourse, and by "my children are forbidden to me" he intends to forbid his wife to himself? Is this considered ẓihār or īlāʾ, and does it necessitate an expiation?
If the swearer intends by (unlawful) a divorce or ẓihār, then it is as such. But if he intends an oath or intends nothing, then it is an oath. If a man intends by making his wife haram to suspend her unlawfulness upon intercourse, then if he intends by it a divorce or ẓihār, it takes effect; otherwise, he must offer expiation for an oath. As for making children haram without the wife, some scholars obligate an expiation for an oath, while others do not. Scholars differed regarding whether the swearer becomes a mūlī (one who takes an oath to abstain from his wife) by this oath. Some confine īlāʾ (vow of abstinence) to swearing by Allah, while others consider it to include any oath that prevents intercourse.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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