Taking the oath of Zhihar before consummating the marriage

(Part No. 20; Page No. 277) Fatwa no. 1018 My father had a dispute with my elder brother during which my elder brother said in a fit of anger, "My wife is unlawful for me as my mother." My brother has concluded the contract but has not consummated the marriage yet. Please give us your Fatwa (legal opinion issued by a qualified Muslim scholar).

A: If the reality is as you mentioned, that your brother made his wife unlawful to him, if it occurred after concluding his marriage contract, he has committed a grave sin and he should make Kaffarah (expiation) for Zhihar (a man likening his wife to an unmarriageable relative). He must make the Kaffarah before approaching his wife whether he said that before or after consummating the marriage. The Kaffarah for Zhihar is to manumit a believing slave, if this is not possible he is to fast for two successive months. If this also is not possible, he must feed sixty needy persons, half a Sa` (1 Sa`=3 kg. Approx.) of wheat each. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.