Is a husband's saying to his wife, "You are unlawful to me," considered a divorce?
Scholars have differed regarding the ruling on a husband prohibiting his wife to himself. Some considered it ẓihār (a pronouncement that makes the wife unlawful), while others considered it a divorce.
The more preponderant view is that if he intended divorce, ẓihār, or an oath, then the matter is according to what he intended. If he did not intend anything, then an expiation for an oath (kaffārat yamīn) is incumbent upon him. This is the (school of thought) of Imam al-Shafi‘i. Evidence for this includes the general statement of the Prophet, peace and blessings be upon him: "Indeed, actions are by intentions, and for every person is what he intended," and the statement of Ibn ‘Abbas, may Allah be pleased with them both: "If a man prohibits his wife to himself, it is an oath for which he must offer expiation."
Therefore, if by the prohibition he intended refraining from his wife, it is an oath. If he intended divorce, it is a divorce. If he intended ẓihār, it is ẓihār. This is what Sheikh Ibn ‘Uthaymin concluded.
One should be cautious about uttering such words to preserve the marital covenant.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/12346
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 12346
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy