Declaring the lawful unlawful is an oath

Question

Question: The wife said: “I have sworn off this act (intercourse)” (میں نے اس کام (جماع) سے قسم کھا رکھی ہے). The husband said: “If you have sworn, then I too have made this act haram” (اگر تم نے قسم کھا رکھی ہے تو میں نے بھی یہ کام حرام کر لیا ہے). The husband says that he said this in anger and had no intention (niyya) of talaq. Please inform us whether talaq took effect or not.

Answer

In the case asked about, talaq did not take effect; however, an oath (yamin) became binding (mun‘aqida). Now, if he has intercourse, the kaffara for an oath will be binding (lazim). And since the woman has sworn an oath, in the event of intercourse a separate kaffara will be binding on her as well.

Source: Fatawa Mahmudiyya

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