Sa'id bin Jubayr heard Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) say: Whoever makes his wife forbidden (haram) for himself, that is an oath; he should give its expiation. "Indeed, in the Messenger of Allah (peace and blessings be upon him) you have an excellent example" [Surah al-Ahzab: 21].
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15054
Sa'id bin Jubayr (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that declaring (one's wife) forbidden is an oath; he should give its expiation. And he said: "Indeed, in the Messenger of Allah you have an excellent example" [Surah al-Ahzab: 21].
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15055
Ikrimah narrates from Sayyiduna Umar (may Allah be pleased with him): If the husband makes his wife forbidden for himself, he must give the expiation of an oath.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15056
Sa'id bin Jubayr (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that a man came to him and said: I have made my wife forbidden for myself. He said: You have lied; she is not forbidden for you. Then he recited this verse: "O Prophet, why do you forbid what Allah has made lawful for you?" [Surah al-Tahrim: 1]. Upon you is the heaviest expiation of an oath: freeing a slave. The hadith of Abu Nu'aym does not contain the words "upon you is the heaviest expiation." In one narration (from him) it is that this is a matter of choice (among the expiations).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15057
Ali bin Abi Talhah (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) concerning the verse: "Allah has ordained for you the expiation of your oaths" [Surah al-Tahrim: 2], that Allah Almighty commanded His Prophet (peace and blessings be upon him) and the believers that when they make something Allah has made lawful forbidden for themselves, its expiation is that of an oath: feeding ten poor people, or clothing them, or freeing a slave. Divorce does not enter into this.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15058
Yusuf bin Mahak says that a Bedouin came to Abdullah bin Abbas (may Allah be pleased with them both) and said: I have made my wife forbidden for myself. He said: She is not forbidden for you. The Bedouin said: What do you say about the saying of Allah Almighty: "All food was lawful to the Children of Israel except what Israel made forbidden for himself" [Surah Al Imran: 93]?
Abdullah bin Abbas (may Allah be pleased with them both) said: Israel suffered from sciatica, so he vowed that if Allah cured him he would not eat the veins of anything, although they were not forbidden.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15059
Ata narrates from Sayyidah Aishah (may Allah be pleased with her) that the expiation for making one's wife forbidden for oneself is that of an oath.
(b) Sa'id bin Abi Arubah also speaks of giving the expiation of an oath.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15060
Ibrahim (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) concerning saying "forbidden": if his intention was an oath, he should give the expiation of an oath; and if his intention was divorce, divorce will take place. The intention will be taken into account.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15061
Ibrahim narrates from Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him): If, in saying "forbidden", the intention is limited to forbidding, he should give the expiation of an oath, provided his intention was not divorce.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15062
Ash'ath (may Allah have mercy on him) narrates from al-Hasan (may Allah have mercy on him) concerning (saying) "forbidden": if he intended an oath, an oath is meant; and if he intended divorce, it will be a divorce.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15063
Mikhwal bin Rashid narrates from Abu Ja'far (may Allah have mercy on him) concerning (saying) "forbidden", that is, when the husband says to his wife, "You are forbidden to me": if the husband intended divorce, it will be one divorce and the husband has the right to take her back; and if the husband did not intend divorce, it is an oath for which he will give expiation.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15064
أَخْبَرَنَا أَبُو بَكْرٍ الْأَصْبَهَانِيُّ، أنا أَبُو نَصْرٍ الْعِرَاقِيُّ، نا سُفْيَانُ بْنُ مُحَمَّدٍ، نا عَلِيُّ بْنُ الْحَسَنِ، نا عَبْدُ اللهِ بْنُ الْوَلِيدِ، نا سُفْيَانُ، عَنْ جَابِرٍ، عَنْ عِكْرِمَةَ، عَنِ ابْنِ عَبَّاسٍ، أَنَّ عُمَرَ بْنَ الْخَطَّابِ رَضِيَ اللهُ عَنْهُ كَانَ " يَجْعَلُ الْحَرَامَ يَمِينًا ".
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says that Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) used to regard declaring one's wife forbidden for oneself as an oath.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15067
Ibrahim narrates from Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) that a man came to him who had given his wife two divorces. He had said (to her): You are forbidden to me. Sayyiduna Umar bin al-Khattab (may Allah be pleased with him) said: I will not return your wife to you.
(b) It is narrated from Sayyiduna Ali and Zayd bin Thabit (may Allah be pleased with them both) that by saying the words "bariyyah" (released), "al-battah" (definitive) and "haram" (forbidden), three divorces take place.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15068
It is narrated from Amir al-Sha'bi, concerning a man who declares his wife forbidden to himself, that he said: "They say that Sayyiduna Ali (may Allah be pleased with him) counted it as three divorces." Amir said: "Sayyiduna Ali (may Allah be pleased with him) did not say this; rather he said: 'I neither declare her lawful nor declare her forbidden.'"
It is reported from Sayyiduna Ali (may Allah be pleased with him) that if he intends it, three divorces take effect. However, this is a weak narration.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15069
Amir narrates from Masruq (may Allah have mercy on him) that the Prophet (peace and blessings be upon him) took an oath of abstention (ila') and declared something forbidden to himself, so Allah revealed this verse: "O Prophet, why do you forbid what Allah has made lawful for you?" [Surah al-Tahrim: 1]. He said: "So the forbidden became lawful." And in the verse: "Allah has ordained for you the dissolution of your oaths." [Surah al-Tahrim: 2]
This report is mursal (its chain is broken at the Companion level).
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15070
Masruq narrates from Sayyidah Aishah (may Allah be pleased with her) that the Messenger of Allah (peace and blessings be upon him) took an oath of abstention (ila') from his wives and declared (them) forbidden to himself; then he (peace and blessings be upon him) made the forbidden lawful and made expiation for the oath.
Note: This strengthens the view of one who holds that the word "forbidden", used without qualification, is not an oath, a divorce or a zihar.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15071
أَخْبَرَنَا أَبُو طَاهِرٍ الْفَقِيهُ، أنا أَبُو عُثْمَانَ الْبَصْرِيُّ، نا مُحَمَّدُ بْنُ عَبْدِ الْوَهَّابِ، أنا يَعْلَى بْنُ عُبَيْدٍ، نا سُفْيَانُ، عَنْ مُغِيرَةَ، عَنْ إِبْرَاهِيمَ، عَنْ مَسْرُوقٍ قَالَ: " مَا أُبَالِي أَحَرَّمْتُهَا أَوْ قَصْعَةً مِنْ ثَرِيدٍ وَاللهُ أَعْلَمُ ".
Ibrahim (may Allah have mercy on him) narrates from Masruq (may Allah have mercy on him) that he said: "I do not care whether I declare the woman forbidden to myself or a bowl of tharid." And Allah knows best.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الخلع والطلاق / 15073