Taking the oath of Zhihar before concluding the marriage contract

Q: Someone betrothed a woman and before the conclusion of their contract of marriage he had a dispute with her father and said: "You (his betrothed) are unlawful for me like my mother and my sister". Afterwards, the concerned person and the father of his fiancée reconciled their dispute and the contract of marriage was concluded for a specific Mahr (mandatory gift to a bride from her groom) according to the consent and choice of all the concerned parties. The question is whether it is Wajib (obligatory) on such a person to offer a Kaffarah (expiation) because of the unlawfulness that he declared and if so what is it exactly?


A: Such unlawfulness does not affect the contract of marriage in any way and no Kaffarah of Zhihar (a man likening his wife to an unmarriageable relative) is required due to the fact that the concerned unlawfulness took place before the start of marriage. However, the husband in question has to make an oath Kaffarah (expiation) for Allah (Exalted be He) says, (Part No. 20; Page No. 280)  O you who believe! Make not unlawful the Tayyibât (all that is good as regards foods, things, deeds, beliefs, persons) which Allâh has made lawful to you, and transgress not. Verily, Allâh does not like the transgressors. And eat of the things which Allâh has provided for you, lawful and good, and fear Allâh in Whom you believe. Allâh will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation feed ten Masâkîn (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). And: O Prophet! Why do you forbid (for yourself) that which Allâh has allowed to you, seeking to please your wives? And Allâh is Oft-Forgiving, Most Merciful. Allâh has already ordained for you (O men) the absolution from your oaths. And Allâh is your Maulâ (Lord, or Master, or Protector) and He is the All-Knower, the All-Wise. Accordingly, the husband in question has to feed ten Miskins (needy people) on a scale of the average of that with which he feeds his own family by giving each Miskin (needy person) half a Sa` (1 Sa`=3 kg. Approx.) of wheat, dates, rice, or whatever food of his country; clothe ten Miskins, free a slave, or observe Sawm (Fast) for three days preferably in succession if he is unable to do any of the foregoing. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.


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