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Only prohibiting oneself from something does not require expiation

Question

What is the religious ruling on prohibiting marriage for myself except from the man who demanded my hand? I said: “I have made marriage to anyone other than him as unlawful for me as marriage to my father and brother.” But later on, I was doomed to marry another person out of respect for my family and wish to guard it because I came to know that the man (whom I wanted) was not suitable for me and my marriage to him would destroy the family. Also, my father succeeded to persuade me that he was not fit for us. What is the religious ruling on that? Is expiation due on me? Now I am married and have children.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There is a difference of opinion among the scholars  may  Allaah  have  mercy  upon  them as to whether or not an oath expiation is required if a man prohibits himself from something lawful other than his wife. The majority of scholars are of the opinion that to merely prohibit something for oneself does not require expiation or make anything unlawful for the person. In confirmation, Allaah The Almighty Says (what means): {O you who have believed, do not prohibit the good things which Allaah Has Made lawful to you and do not transgress. Indeed, Allaah Does not Like transgressors.} [Quran 5:87] Here, Allaah The Almighty Condemns him who prohibits what is lawful and Did not Make expiation due on him.

On the other hand, the Hanafi and Hanbali scholars of Fiqh are of the opinion that an oath expiation is obligatory in such a case, taking evidence from the Statement of Allaah The Almighty (which means): {O Prophet, why do you prohibit [yourself from] what Allaah Has Made lawful for you, seeking the approval of your wives? And Allaah Is Forgiving and Merciful. Allaah Has already Ordained for you [Muslims] the dissolution of your oaths.} [Quran 66:1-2] Allaah The Almighty Calls the act of prohibiting oneself to do something as an oath, they argue, as the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, prohibited himself from drinking honey, or from having sexual intercourse with Maariyah, his slave-girl, thereupon Allaah The Almighty Reproached him for that.

The preponderant opinion is that of the majority, i.e. to merely prohibit something for oneself does not require expiation. As for the evidence on which the Hanafi and Hanbali scholars of Fiqh depend, i.e. Allaah’s Saying (which means): {Allaah Has already Ordained for you [Muslims] the dissolution of your oaths} after His Saying (which means): {why do you prohibit [yourself from] what Allaah Has Made lawful for you}, it is mentioned within the context of the incident which was the reason for revealing this noble verse according to the opinion of most scholars of Tafseer. According to that incident, the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, forbade the act to himself first and then swore. [See Al-Mukhtaarah by Adh-Dhiyaa’ Al-Maqdisi]

Hence, no oath expiation is due on you.

Allaah Knows best.

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