Zhihar

Q: A man had a dispute with his maternal uncle and swore that his wife would become unlawful for him if he reconciled with his uncle without the latter slaughtering an animal and inviting him and his family to eat from it. The man is asking about what should be done if he reconciles with his uncle without the latter fulfilling the condition.

A: If the reality is as mentioned, that the man declared his wife to be unlawful for him if he reconciled with his maternal uncle without the latter slaughtering an animal, and then he broke this oath by reconciling with his uncle without an animal slaughtered, he must make Kaffarah (expiation) for making Zhihar (a man likening his wife to an unmarriageable relative). As such, he must free a believing slave, and if he cannot, he may fast for two consecutive months, and if he cannot, he should feed sixty poor persons and this is before having sexual intercourse with his wife. Allah (Exalted be He) says: And those who make unlawful to them their wives by Zihâr and wish to free themselves from what they uttered, (the penalty) in that case is the freeing of a slave before they touch each other. That is an admonition to you (so that you may not repeat such an ill thing). And Allâh is All-Aware of what you do. And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other. And he who is unable to do so, should feed sixty Miskîns (poor). (Part No. 20; Page No. 264) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.