What is the ruling on saying "haram and divorce" twice to one's wife with the intention of refraining from marital relations for seven months, and is expiation required?
If a husband tells his wife, "Divorce is forbidden ()," and swears to abstain from intercourse with her for more than four months, this is considered an ila’ (vow of abstinence). If four months pass without intercourse, the wife has the right to present her case to a judge, who will order the husband either to divorce her or to resume conjugal relations. If the husband divorces her, the matter is clear. If he resumes relations, he has broken his oath.
It is advisable to consult a court or ask a scholar for guidance.
It should be noted that an angry person is held accountable for their words and actions as long as they are aware of what they are saying, and that anger is a key to evil. One must also be careful not to use divorce pronouncements as a means to resolve marital problems.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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