Q:
A man swore that his wife would be unlawful for him if he lodged her in Al-Qu`ah
in Al-Hillah Al-Tali`iyyah. He mentioned that by deeming her unlawful he meant to liken her to his mother. Now, he is asking about the consequences of taking this oath, if there is a necessity to lodge her in Al-Hillah?
A:
If the matter is as mentioned that he rendered his wife unlawful for him if he lodged her in Al-Qu`ah, he must make Kaffarah (expiation) for Zhihar (a man likening his wife to an unmarriageable relative) if he broke his oath. The Kaffarah in this case is to fast for two consecutive months since freeing a slave is unavailable. If he cannot do this, he must feed sixty needy persons. This must be done before he has sexual intercourse with her. 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).
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.