Ila'

Q: I am married and I have three daughters. Due to a dispute between me and my wife, I took an oath not to have sex with her except one year from the date I took such oath. We are seeking a cure to have children, for my wife has not got pregnant for six years because of my impotence. Is it permissible for me to have sex with my wife before the elapse of this period or not? May Allah reward and protect you.

A: If the reality is as you have mentioned; that you said to your wife: "You are unlawful to me except after one year as of the date of dispute and prohibition," you have committed a sin by prohibiting what Allah has made lawful for you. You have to repent to Allah and seek His Forgiveness from what you did. Having sex with your wife is not prohibited by this oath and you may have sex with her during this year. However, if you have sex with her before the elapse of the year, you have to pay a Kaffarah (expiation) for your oath because of Allah's Saying: (Part No. 20; Page No. 259)  O you who believe! Make not unlawful the Tayyibât (all that is good as regards foods, things, deeds, beliefs, persons) which Allâh has made lawful to you, and transgress not. Verily, Allâh does not like the transgressors. And eat of the things which Allâh has provided for you, lawful and good, and fear Allâh in Whom you believe. Allâh will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation feed ten Masâkîn (poor persons), on a scale of the average of that with which you feed your own families And His Saying: O Prophet! Why do you forbid (for yourself) that which Allâh has allowed to you, seeking to please your wives? And Allâh is Oft-Forgiving, Most Merciful. Allâh has already ordained for you (O men) the absolution from your oaths. And Allâh is your Maulâ (Lord, or Master, or Protector) and He is the All-Knower, the All-Wise. The Kaffarah of an oath is to feed ten needy people or clothe them or to free a slave. Whoever cannot afford to do so must fast for three days; it is better to be consecutive fasting. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.