A vow concerning an indecent act and committing it in the passive role

Question

Zayd had a habit of wrongdoing. One day he said: «آئندہ جب میں لونڈے بازی کروں، تو میری بیوی کو طلاق» (“Henceforth, whenever I engage in sodomy with boys, then talaq to my wife”). After some time had passed, Zayd committed the wrongdoing in the passive role (maf‘uliyya), whereas the aforementioned words in common custom (‘urf) are used for the active role. Zayd keeps doubting whether he (lit. “you”)

Answer

According to the Shari‘a both acts (the active and the passive role) deserve to be cursed; but oaths (ayman) are based on custom (‘urf), and therefore in the case asked about talaq will not fall upon his wife; only the curse will remain.

Source: Fatawa Mahmudiyya

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