Does the wife live with her husband in a state of sin after concealing some matters from him and lying to him, knowing that she swore by the Book of Allah not to do so, and he swore that if she did so, she would be unlawful to him? And are the children from this marriage considered illegitimate? And how does she expiate for her oath? And should she tell him the truth or seek concealment by Allah's cover?
What the husband did by swearing to forbid his wife if she concealed something from him, and making her swear to that, is an illegitimate behavior. Scholars have differed regarding a husband forbidding his wife; some consider it zihar, some consider it a divorce, some consider it an oath, and some differentiate based on whether he intended divorce, zihar, or an oath.
If the wife has violated what the husband swore by, by concealing something, then she has broken her oath and he has broken his oath. The wife's oath: If it pertains to the past, it is a yamin ghamus (a false oath), and its expiation, according to the majority of scholars, is only repentance. If it pertains to the future, its expiation is feeding ten poor people or clothing them; if she cannot find that, then fasting three days. The husband's oath: The wife must inform him that she lied to him (without mentioning the sins) and inform him that he broke his oath, then ask him what he intended by forbidding her. If he intended divorce: A divorce has occurred. If it was the first or second divorce, he may take her back before the iddah (waiting period) ends. If he intended zihar: He must pay the expiation for zihar. If he intended neither divorce nor zihar: He must pay the expiation for an oath. The wife should be gentle in informing him of the matter and use allusions and circumlocution.
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