Does anything result from my saying to my wife: "Let us live like siblings," and then, "Let us live like friends"?
We have previously cautioned about obsessive thoughts (waswasah) and what should be done about them. Regarding your statement to your wife, "like brothers" or "like companions," it is most likely a kinayah (allusive expression) of ẓihār. Shāfiʿī jurists have stated that if one likens his wife to a non- woman, a divorced woman, a sister of the wife, or a father of the muẓāhir (the one who pronounces ẓihār), or a woman who has been subjected to liʿān (oath of condemnation), then this likeness is null and void. This is because the first three (non-mahram woman, divorced woman, sister of the wife) do not resemble the mother in terms of perpetual prohibition, and a father or other men, such as a son or a boy, are not objects of sexual enjoyment. It is more likely that this is a kinayah of ṭalāq (divorce), so its ruling depends on your intention. If you intended divorce by it, then it occurs; otherwise, it does not.
We draw your attention to three matters: 1. If you uttered these words initially without intending divorce, or if you intended it and then doubt arose due to these obsessive thoughts, do not pay attention to that. Instead, take the certain (what you were certain of) first. 2. Be careful not to utter such words in the future, and be keen on resolving problems away from anger. 3. Consult the court in your country.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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