Vowed not to marry so long as I am married to him

Reference: Silsilah Fataawa Noor ‘alad-Darb – Tape 5

Question: My husband has vowed not to marry so long as I am [married] to him; so is it obligatory upon him to fulfill this vow or not?

Response: This [type of] vow takes on the ruling of an oath; that is because it is [understood that he undertook this vow] from the aspect of a vow taken out of love or anger – as the jurists have referred to it. That is because he either vowed with the intention to only deny himself [and not prohibit himself], so if he wished to marry a woman whilst his wife was still [married to] him, then he is allowed to do that. However, he is required to offer an expiation (kaffaarah yameen) by feeding ten poor and needy people.

He is a graduate of the Islaamic University of Madeenah, having graduated from the Institute of Arabic Language, and later the Faculty of Sharee'ah in 2004. He currently resides in Birmingham, UK.

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