Back to search
The question

What is the legal ruling for a person who, in a moment of anger, said to his wife: "You are unlawful to me until the Day of Judgment," three consecutive times? And what is the difference between divorce (talaq) and zihar?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man forbids his wife while he is not conscious of what he is saying due to extreme anger, then nothing takes effect.

However, if a man says to his wife, "You are unlawful to me," there are four scenarios:

1. Intention of Zihar: Zihar takes effect, and the expiation for Zihar becomes obligatory.

2. Intention of Divorce: Divorce takes effect. If he intended to initiate divorce only with the first phrase and made what followed an affirmation, or if he did not intend anything, then one divorce takes effect. If he intended to initiate divorce with all phrases (founding a new meaning), then three divorces take effect.

3. Intention of an Oath: An expiation for an oath becomes obligatory.

4. No Intention for Anything: An expiation for an oath becomes obligatory.

The husband's statement "until the Day of Judgment" is considered an affirmation and does not entail an independent ruling.

Divorce is the husband's intention to remove the marital bond using an explicit phrase or an allusion with intention.

Zihar is a man likening his wife or a part of her to a woman permanently forbidden to him, or to a part of her that he is forbidden to look at.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
105535
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy