Declaring the Wife Forbidden Before the Contract Does not Affect the Marriage

Question :

A man proposed to a woman and he did not make the contract with her, then due to anger between him and her father, he said: "She is forbidden to me, like my mother and my sister." Then he and her father came to terms and he made the contract with her with a certain sum paid as a dowry by (mutual) consent and choice. Is there any obligation upon him regarding the prohibition which he imposed upon himself before the contract? And if there is any atonement, what is the nature of it?

Answer:

There is no effect of this declaration of prohibition on the marriage contract, since it occurred before it was made, therefore there is no necessity for him to perform the atonement of Zihar, since it took place before the girl became the wife of the man who declared her prohibited upon himself. He is only required to perform atonement for Al-Yamin according to the Words of Allah, Most High:
"O you who believe! Make not unlawful the Tayyibat (all that is good as regards foods, things, deeds, beliefs, persons) which Allah has made lawful to you, and transgress not. Verily, Allah does not like the transgressors. And eat of the things which Allah has provided for you, lawful and good, and fear Allah in Whom you believe. Allah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masäkin (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 the Words of Him, Most High:
"O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you, seeking to please your wives? And Allah is Oft-Forgiving, Most Merciful. Allah has already ordained for you (Omen) the absolution from your oaths. And Allah is your Maula (Lord, or Master, or Protector) and He is the All-Knower, the All-Wise."

So whoever declared a prohibition such as this must feed ten poor persons on a scale of the average for the food of his family, giving each of the ten persons one half of a Sa' of wheat, dates, rice or the like, or he should clothe ten poor persons, or free a slave. If he is unable to do any of these things, he must fast for three consecutive days. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Compa- nions.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 256-257-258