What is the ruling on saying 'This is unlawful (haram) upon me' regarding an action?
General Chapter
Al-Mughni
Book of Oaths
Primary text
If one says, 'This is unlawful upon me if I do such-and-such,' and then does it, they have the choice either to abandon what they prohibited upon themselves or to perform the act and incur expiation (kaffarah). If one says concerning a specific permissible item, 'This food is unlawful upon me,' it is treated as an oath regarding refraining from it. This view is reported from Ibn Mas'ud, Al-Hasan, Jabir ibn Zayd, Qatadah, Ishaq, and the people of Iraq.
Supporting text
Sa'id ibn Jubayr considered it one of the oaths (yamin) requiring expiation. Al-Hasan stated it is an oath unless the speaker intended divorce, which is also reported from Ibrahim. Another narration from Ibrahim states it is only an oath if divorce was intended; otherwise, it is inconsequential. Al-Dahhak related that Abu Bakr, Umar, and Ibn Mas'ud considered declaring something unlawful an oath of divorce. Tawus held that its ruling depends on the speaker's intention.