Sūrah At-Taḥrīm The Prohibition: Tafsīr al-Qurṭubī Qurʾānic Rulings and Law

DetailInformationClassificationSignificance

SurahAt-TaḥrīmMedinanThe Prophet's self-prohibition and the divine correction

Key Fiqh IssueTaḥrīm declaring to oneself that something ḥalāl is ḥarām: is it binding?Ḥarām to do; legal effect varies by schoolPrevents self-imposed additional prohibitions from accumulating

School ComparisonḤanafī: declaring wife ḥarām = ẓihār requiring kaffārah; Mālikī: intention determines effect (divorce/ẓihār/oath by intention); Shāfiʿī: counts as ẓihār, kaffārah required; Ḥanbalī: like Shāfiʿī on ẓihār classificationẒihār / Oath / Divorce (by school)Classification determines the expiation required

Uṣūl PrincipleAl-maqāṣid intention governs classification of ambiguous actsIntention-based categorizationSame words can have different legal consequences by intent

Al-Qurṭubī derives from verse 1 "O Prophet, why do you prohibit what Allah has made lawful for you?" the rule that self-imposing additional prohibitions beyond what Allah has prohibited is itself blameworthy and potentially generates expiation obligations. The verse's context (the Prophet prohibited himself something out of a desire to please his wives) establishes that even well-intentioned taḥrīm requires divine correction and may require kaffārah.

The major fiqh application: when a man says to his wife "you are ḥarām for me" what is the legal effect? The Mālikī school applies the al-maqāṣid principle: if he intended divorce, it counts as divorce; if he intended ẓihār, it requires ẓihār kaffārah; if he intended merely an oath, it requires yamīn kaffārah. The Ḥanafī and Shāfiʿī schools classify "you are ḥarām for me" as ẓihār in all cases, requiring the ẓihār kaffārah sequence. Al-Qurṭubī derives that intention is legally operative in ambiguous verbal acts the words alone do not determine the classification.

يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَ Yā ayyuha l-nabiyyu lima tuḥarrimu mā aḥalla llāhu lak Meaning: "O Prophet, why do you prohibit what Allah has made lawful for you?" Al-Qurṭubī: this verse establishes that taḥrīm of ḥalāl is not without consequence even for the Prophet; for ordinary believers it creates either a yamīn obligation (requiring kaffārah if broken) or a ẓihār obligation depending on the specific case.

قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ Qad faraḍa llāhu lakum taḥillata aymānikum Meaning: "Allah has already ordained for you the dissolution of your oaths" Al-Qurṭubī: "taḥillata aymānikum" (the expiation of your oaths) Allah provides a legal mechanism to exit oath obligations through kaffārah; the ḥarām self-prohibition can be dissolved through the same yamīn kaffārah process.

Taḥrīm (self-prohibiting what Allah made ḥalāl) is not without legal consequence it generates either a yamīn (oath) requiring kaffārah or a ẓihār requiring ẓihār kaffārah.
Mālikī approach: intention determines classification "you are ḥarām for me" can be divorce, ẓihār, or oath depending on the speaker's intent at the moment of utterance.
Ḥanafī and Shāfiʿī: "you are ḥarām for me" regarding a wife is classified as ẓihār, requiring the ẓihār kaffārah sequence regardless of stated intent.
Al-maqāṣid principle: intention is legally operative for ambiguous verbal acts the same words can have different legal consequences based on the speaker's internal intent.
The verse establishes that Allah provides a dissolution mechanism (kaffārah) for oaths taḥrīm does not trap the person permanently; expiation is available.

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