Declaring a lawful act forbidden: does talaq occur?

Question

The wife said: “I have sworn an oath regarding this act (intercourse — jima‘).” The husband said: “اگر تم نے قسم کھا رکھی ہے، تو میں نے بھی یہ کام حرام کر لیا ہے” (“if you have sworn an oath, then I too have made this act haram for myself”). The husband says that he said this in anger and did not have the intention of talaq. Kindly inform whether talaq has taken effect or not.

Answer

In the case asked about, talaq has not taken effect; however, an oath (yamin) has been concluded. Now, if he has intercourse, the expiation for an oath (kaffarat al-yamin) will be binding on him. And since the wife has also sworn an oath, in the event of intercourse a separate expiation will be binding on her as well.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.