Husband making his wife unlawful for him for a year
Q:
A woman had a dispute with her daughter-in-law, so the woman's husband became very angry and told his wife that she was unlawful for him for one year. This took place on 9/1/1396 A.H. Their children cried and wept. What should the man do now?
(Part No. 20; Page No. 278)
A:
If the reality is as you mentioned, what this husband has done is called Zhihar (a man likening his wife to an unmarriageable relative) even if it is limited in time to one year, it is still an ill word and a lie. This man should seek Allah's Forgiveness and perform Tawbah (repentance to Allah) from this evil act. Allah (Exalted be He) says:
Those among you who make their wives unlawful to them by (Zihâr; i.e. by saying to them "You are like my mother’s back,") they cannot be their mothers. None can be their mothers except those who gave them birth. And verily, they utter an ill word and a lie. And verily, Allâh is Oft-Pardoning, Oft-Forgiving.
If this man has not had sexual intercourse with his wife for the whole year, there is no Kaffarah (expiation) due on him, but if he has had sexual intercourse with her during the year, he should make Kaffarah for Zhihar. This is to manumit a believing slave if he is able, or if not, to fast for two successive months. If this is also not possible, he must feed sixty needy people, half a Sa` (1 Sa`=3 kg. Approx.) of the country's food; dates, rice or the like, for each person. Allah (Exalted be He) says:
Those among you who make their wives unlawful to them by (Zihâr الظهار) (i.e. by saying to them "You are like my mother’s back,") they cannot be their mothers. None can be their mothers except those who gave them birth. And verily, they utter an ill word and a lie. And verily, Allâh is Oft-Pardoning, Oft-Forgiving.
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). That is in order that you may have perfect Faith in Allâh and His Messenger. These are the limits set by Allâh.
(Part No. 20; Page No. 279) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.