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Saturday, March 22, 2014

Fathwa, - Promised not to touch hiswife but repented

Question
If in anger a husband takes upon himself a promise not to touch his
wife what should he do when he is now repenting?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and
peace be upon our Prophet Muhammad and upon all his Family and
Companions.
Whoever takes an oath that he will not touch his wife and regrets
afterwards can touch his wife provided he pays the expiation of
breaking the oath. The Prophet )Sallallahu Alaihi wa Sallam( said:
"Whoever makes an oath and then sees that something else would be
better than it, should do Kaffarah )expiation( for his oath and do
that which is better." ]Reported by ImamMuslim[
The expiation is as mentioned in the verse: }...for its expiation )a
deliberate oath( feed ten Masâkin )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(....{]5:89[.
One may choose one of the three kinds of expiations mentioned in the
verse, i.e. )feeding, clothing and freeing a slave(. If one cannot do
one of them one has to fast for three days.
The above details apply to the one who does not take an oath of
divorce. If he takes an oath of divorce the divorce is effective.
But he may sleep with his wife if he had not delivered two divorces
previously. However, if one wants to take his wife back after
delivering first divorce it is better to make that intention before
having sex. If he had divorced her twice before this oath then the
preponderant opinion is that he cannot sleep with her, due to this
oath since the divorce becomes effective by merely inserting his penis
into her vagina.
All the above rulings apply if one abstains from his wife for four
months or less. After four months a woman has the right to demand her
sexual rights. In this case a husband is obliged to answer her call
and has to break his oath by paying expiation or divorcing her.
Allah knows best.

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