Hadith 3374

(1) The statement: "So I made zihar against her..."—Zihar linguistically is from zahara, meaning to declare something like another. Legally, it is a Muslim equating his wife or part of her to a permanently prohibited female relative (e.g., saying, "You are to me like my mother’s back"). It does not apply to a non-Muslim’s wife, even if she is a kitabiyyah, minor, or insane. It includes equating any part of her to a prohibited relative, not just the back, though zihar is named after the back due to its common usage. Its condition for the woman is that she is a wife, and for the man, he must be liable for expiation (i.e., free, adult, sane). Its ruling is prohibition of intercourse and its preliminaries until expiation is made. The woman may demand intercourse, as it is her right, but she must prevent him from enjoyment until he atones, and the judge may compel him through imprisonment or beating until he atones or divorces. Some said expiation is obligatory due to retraction, based on the verse: "Then they retract what they said" (58:3). Scholars differed on its meaning. Ash-Shafi’i said retraction obliging expiation is retaining her without divorce after zihar. Abu Hanifah said retraction in the verse is a firm resolution to have intercourse, the view of Ibn ‘Abbas, Al-Hasan, and Qatadah.

(2) The statement: "Free a slave..."—This hadith indicates several rulings: The order of expiation options. The slave need not be a believer, unlike in expiation for killing. The fasting must be consecutive. Expiation is not entirely waived due to inability, as in As-Subul. Expiation is freeing a slave before intercourse. If unable, the one who made zihar must fast two consecutive months before intercourse, excluding Ramadan and the five forbidden days. If unable to fast, feed sixty poor people, each receiving half a sa’ of wheat or one sa’ of dates or barley. It must be given before intercourse but need not be repeated if intercourse occurs during feeding, as in Al-Hidayah, Ar-Radd al-Muhtar, and Ad-Durr al-Mukhtar, summarized.

(3) The statement: "He made his wife unlawful like his mother’s back until Ramadan ended..."—This means he made zihar until Ramadan ended. At-Tibi said: "This indicates the validity of temporary zihar." Qadi Khan said: "If one makes temporary zihar, he is considered to have made zihar immediately, and it expires after the specified time." As in Al-Maraqi.