Q: I proposed to a girl who accepted me at first, but after a short period of time she refused to go on with the marriage. Later, she agreed once again and the engagement continued for one year. One day, I visited her in the presence of her brother, and we had a dispute until I became very upset with her.
I said to her in the presence of her brother that I was no longer her fiancé and she could consider me as her brother, i.e. I am unlawful to her as her brother.
I said this while in a state of anger, and I did not feel that I did something wrong at that time. I really want to marry this girl, bearing in mind that she is a virgin and for the second time I want to propose to her and complete the marriage if she agrees. I hope Your Eminence will tell me if she is unlawful for me because of what I have said, or if I should make Kaffarah (expiation). What should I do if I married her? I am waiting for your Fatwa (legal opinion issued by a qualified Muslim scholar) to determine what I should do in this regard.
A: If the reality is as you mentioned, then you must make Kaffarah for your oath if you marry her. She is not unlawful for you, because at the time you said such words, she was not your wife. Anyone who declares the lawful as unlawful must make Kaffarah for breaking their oath. This Kaffarah is to feed ten needy people or clothe them, or free a believing slave. If you are unable to do this, you may fast for three days. (Part No. 20; Page No. 282) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.