“If I am intimate with my wife, I am intimate with my mother”

Question

A husband, in a state of intense anger — such that he himself broke his own head in several places — said to his wife: «اگر میں تجھ سے صحبت کروں اپنی ماں سے صحبت کروں» (“If I am intimate with you, I am intimate with my mother”). Are these words an oath (yamin)? Will expiation (kaffara) have to be given? And has talaq occurred? The husband says that he had no intention of talaq.

Answer

[ar]لو قال: إن وطئتك وطئت أمي، فلا شيء عليه، كذا في غاية السروجي[/ar] “If he said, ‘If I have intercourse with you, I have intercourse with my mother,’ nothing is due from him. So it is in ‘Ghayat al-Saruji’” (“Fatawa ‘Alamgiri”). From the quoted text it is known that by saying the words mentioned no expiation (kaffara)

Source: Fatawa Mahmudiyya

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