Ruling on one who says “Harramt (she is haraam to me)” but does not intend to divorce

I hope that you can advise me about one who says "Harramt (she is
haraam to me)" but does not intend it as divorce.
I know some Sudanese people who say "Harramt (she is haraam to me)",
intending divorce thereby. I am not Sudanese, but I live with them and
I have picked up some of their culture. One day, I was having
anargument witha friend of mine from the Sudan, and he said to me: You
will never let any Sudanese ride in your car after today. Without
thinking, I said: "Harramt (she is haraam to me)", meaning Yes indeed;
I had no intention whatsoever of divorce or anything of that nature –
Allah forbid. I did my marriage contract two months ago and have not
yet consummated the marriage.
Since that day I have been very worried. I have read some of the
fatwas on the Islamweb and Tareeq al-Islam websites, and according to
the fatwas, this phrase depends on the intention at the time it was
spoken; some of them said that it is regarded as an oath andthe
expiation for it is thesame as the expiation for breaking an oath
(kafaarat yameen).
I have asked Allah a great deal for forgiveness and I have promised
Allah that I willnot do it again. I also fasted for three days as the
expiation for breaking an oath. But I wanted to write to you and
explain to you what happened so that you could put my mind at rest.
Praise be to Allaah.
What you have mentioned about uttering the word "Harramt" is subject
to further discussion:
1 - If you said this word without thinking and without intending what
it means, then you do not have to do anything.
2- If you meant what you said, then there is a difference of opinion
among the fuqaha' concerning this word. Some of them regarded it as
zihaar (a jaahili form of divorce in whicha man said to his wife: You
are to me as my mother's back), and some of them regarded it as
talaaq.
The most correct opinionconcerning this matter is: if he intended it
as talaaq, zihaar or an oath, then it is as he intended. If he did not
intend anything, then hehas to offer expiation for breaking an oath.
This is the view of Imam ash-Shaafa'i (may Allah have mercy on him).
See also the answer to question 81984
So long as you did not intend talaaq (divorce) or zihaar, then
expiationeither is or is not required; as you have offered expiation
for your oath, you do not have to do anything elsenow.
And Allah knows best.

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

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