Does the wife become forbidden, necessitating a new marriage contract and dower, if the husband said: "You are forbidden to me if you do such and such," and she did that, and then he cohabited with her years after this statement, knowing that he was unaware that what he said was considered a divorce?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The prohibition of a wife depends on the husband's intention. If he intended dhahār (a pre-Islamic form of divorce), it is dhahār. If he intended divorce, it is divorce. If he intended an oath, it is an oath. Similarly, if he made an unqualified statement without intending anything, it is an oath. Therefore, if your intention was not divorce, then no divorce has occurred, and you are obligated to perform an expiation for breaking an oath (kaffārat yamīn).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/88224
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 88224
- 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