Al-Zihar

“Abu Ja‘far, Alayhi al-Salam, has said that ’Amir al-Mu’minin has stated this Hadith. ‘Once a Muslim woman came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, “O Messenger (of Allah) so and so married me. I gave birth to many children for him. I helped him in his world and religion and he has not seen any dislikeable things from me. I complain against him before Allah, most Majestic, most Glorious, and before you.” He (the Messenger of Allah) asked, “What is your complaint against him?” She replied, “Today he said to me, ‘You are unlawful for me like the back of my mother is.’ He expelled me from my house, please look into my affairs.” The Messenger of Allah said, “Allah has not sent down any book by which I can decide between you and your husband and I do not like to take the trouble on myself.” She began to weep and complain before Allah and His Messenger and returned. Allah, most Majestic, most Glorious, heard her conversations with His Messenger, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, about her husband and what she complained about. Allah, most Majestic, most Glorious, sent a reading about it: “In the Name of Allah, the Beneficent, the Merciful. Allah has certainly heard the words of the woman who argued with you about her husband and who (after not having received a favorable response from you) complained to Allah. Allah was listening to your argument [meaning the statements of the Messenger of Allah about her husband]. Allah is All hearing and All aware. (58:1) “Those who renounce their wives by calling them to be as their mothers should know that their wives could never become their mothers. Their mothers are those who have given birth to them. The words that they speak are certainly detestable and sinful. However, Allah is Pardoning and All forgiving.” (58:2)’ “The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, sent for her and she came. He (the Messenger of Allah) said to bring her husband before him. She brought her husband. He (the Messenger of Allah) asked, ‘Have you said this to your wife, ‘you are unlawful to me like the back of my mother is?’ He replied, ‘I have said so to her.’ The Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, said, ‘Allah, most Majestic, most Glorious, has sent verses of al-Quran about you and your wife.’ He (the Messenger of Allah) read for him what Allah had revealed, ‘Allah has heard the words of the woman . . . Allah is Pardoning and All-forgiving.’ (58:2) Hold your wife to yourself because you have said evil and sinful words. Allah has forgiven you and has pardoned you. You must not do such thing again.’ The man returned and he was regretful because of what he had said to his wife. Allah disliked it for the believers thereafter and then He revealed, ‘Those who involve themselves in Zihar against their women then return from what they have said. . .’ meaning when the first man said to his wife, ‘You are unlawful to me like the back of my mother.’ He (the Imam) said, ‘Whoever says it after Allah pardoned and forgave the first man, “must set free a slave before touching (going to bed with) his wife. This is how Allah gives advice and Allah is well aware of what you do. If one cannot set free a slave he must fast for two consecutive months before touching each other. If one cannot do this also then he must feed sixty destitute people.” Allah has sanctioned this penalty after He prohibited Zihar and said, “This is done so that you believe in Allah and His Messenger and such are the laws of Allah.” Allah, most Majestic, most Glorious, has sanctioned this penalty because of Zihar.’” Humran has said that abu Ja‘far (a.s.), has said, ‘Zihar does not take place by swearing, harming and in anger. Zihar can only take place during a Hayd (menses)-free period and without sexual intercourse and in the presence of two Muslim witnesses.’”

“Abu ‘Abd Allah (a.s.), has said, ’Divorce is not a divorce unless it is intended to be a divorce, and Zihar is not Zihar unless it is intended to be so.’”

“I once asked abu Ja’far (a.s.), about al-Zihar. He (the Imam) said, ’It applies to all relatives (Dhi Mahram) like mother, sister, paternal or maternal aunts. Al-Zihar is not by swearing.’ I then asked, ’How does it take place?’ He (the Imam) said, ‘It happens by a man’s saying to his wife when she is clean of Hayd (menses) and sexual intercourse, ‘You are unlawful to me like the back of my mother or sister’, and he thereby intends al-Zihar.’”

“I once asked abu al-Hassan (a.s.), about my saying to my wife, ‘You are like the back of my mother if you went out of the room’ and she went out of the room. He (the Imam) said, ‘There it does not have any valid effect on you.’ I then said, ‘I am strong to expiate.’ He (the Imam) said, ‘You do not owe anything because of it.’ I said, ‘I am strong to set free one or two slaves.’ He (the Imam) said, ‘You do not owe anything because of it, regardless you are strong or not strong.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Al-Zihar can take place only in the environment of divorce.’”

“Hamzah ibn Humran married the daughter of Bukayr. In the night that she was to be brought to him women said to him that divorce does not matter to you much and it is not important for you. ‘We will not bring her (the bride) to you until you form al-Zihar about the mothers of your children.’ He (the narrator) has said that he agreed to do so and mentioned it to abu ‘Abd Allah (a.s.). He (the Imam) commanded him to settle (keep) them.’”

“Hamzah ibn Humran married daughter of Bukayr. In the night that she was to be brought to him women said to him, ‘We would not bring her to you until you swear. We will not agree to your swearing about setting free slaves because you do not consider it anything important; but you must swear about al-Zihar and form al-Zihar about the mothers of your children and slave-girls.’ He formed al-Zihar about them, then he mentioned it to abu ‘ Abd Allah (a.s.). He (the Imam) said, ‘You do not owe anything because of it and you can go back to them.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who doubts a great deal in his wudu. He then says, ‘If I repeat my Salat (prayer) or wudu (because of doubts), then my wife will be like the back of my mother and swears for it about divorce.’ He (the Imam) said, ‘It is of the misdeeds of Satan. He does not owe anything because of it.’”

“I once heard abu ‘Abd Allah (a.s.), saying that once a man came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, ‘O Messenger of Allah, I have formed al-Zihar with my wife’. He (the Messenger of Allah) said, ‘Go and set free a slave.’ He said, ‘I do not have anything.’ He (the Messenger of Allah) said, ‘Go and fast for two consecutive months.’ He said, ‘I cannot do so.’ He (the Messenger of Allah) said, ‘Go and feed sixty destitute people.’ He said, ‘I do not have that much food.’ He (the Imam) has said that the Messenger of Allah then said, ‘I will do it for you.’ He (the Messenger of Allah) gave him dates to feed sixty destitute people and told him to give to them.’ He then said, ‘I swear by the One who has sent you with truth, I do not know of anyone between the two mountains on both sides of this city needier to this date than myself and my family.’ He (the Messenger of Allah) said, ‘Go, eat thereof and feed to your family.’”

“I once said to abu ‘Abd Allah (a.s.), that a man says to his wife that she is like the back of his paternal or maternal aunt. He (the Imam) said, ‘It is al-Zihar.’ He (the narrator) has said that we asked him (the Imam) about al-Zihar and about when expiation becomes due on such man. He (the Imam) said, ‘It is when he wants to go to bed with his wife.’ I then asked, ‘Will there be expiation if he divorces her before going to bed with her?’ He (the Imam) said, ‘Expiation does not fall off of him.’ I then asked, ‘If he fasts a part of fasting, then he falls ill and he discontinues his fast, must he start it all over again or continue from where he had left to complete what he owes?’ He (the Imam) said, ‘If he has fasted one month, then has fallen ill, he must start all over again, but if he has done more than one month by one day or two days he can continue from there onward to complete the rest.’ He (the narrator) has said that he (the Imam) said, ‘Free and slaves are the same except that slaves owe one-half of expiation on a free person. He (a slave) does not owe setting free of slaves or charity. He must only fast for one month.’”

“I once asked abu Ibrahim (a.s.), about the case of a man who forms al-Zihar about his slave-girl. He (the Imam) said, ‘Free and slaves are the same in al-Zihar.’”

“I once asked one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who forms al-Zihar about his wife five times or more. He (the Imam) said, Tor every time there is expiation.’ He (the narrator) has said, ‘I asked him (the Imam) about a man who forms al- Zihar about his wife, then divorces her before going to bed with her; if there is expiation on him. He (the Imam) said, ‘No, there is no expiation on him.’ He (the narrator) has said, ‘I asked him (the Imam) about al-Zihar of free and a slave-girl. He (the Imam) said, ‘Yes, it can happen.’ It was asked, ‘If it takes place in the month of Sha’ban and he cannot find a slave to free.’ He (the Imam) said, ‘He must wait until he completes fasting of the month of Ramadan, then fast for two consecutive months; and if he forms al-Zihar on a journey he must wait until he comes home. If he fasts then finds assets, he continues with what he has started.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a slave if there is al-Zihar on him. He (the Imam) said, ‘He owes one-half of what becomes due on free people. He owes only to fast one month and setting free of slaves does not apply to him as well as charity.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who forms al-Zihar about his wife three times. He (the Imam) said, ‘He must pay expiation three times.’ I then asked about if he goes to bed with her before paying expiation. He (the Imam) said, ‘He must ask forgiveness from Allah and abstain until he pays expiation.’”

“I once asked abu Ja‘far (a.s.), about a slave if there is expiation for al-Zihar on him. He (the Imam) said, ‘He owes one-half of what is due on a free person of fasting, and setting free of slaves as expiation does not apply in his case as well as paying charity.’”

“About the case of a man who had ten slave-girls and formed al-Zihar about all of them by one statement, abu ‘Abd Allah, or abu al-Hassan (a.s.), has said that he must pay ten expiations.’”

“He (the Imam) has said, ‘If one goes to bed with the woman for the second time before paying expiation he must pay another expiation’ He (the narrator) has said that there is no differences in this issue.’”

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who says to his wife, ‘You are like the back of my sister, maternal or paternal aunt.’ He (the Imam) said, ‘Allah has mentioned the mothers, this certainly is unlawful. ’”

“‘Abd Allah ibn Muhammad once wrote to abu al-Hassan (a.s.), saying, ‘I pray to Allah to keep my soul in service for your cause, certain ones of your followers think that if a man speaks the statement of al-Zihar, then expiation becomes due, violating the swearing or not. They say that its sinfulness and violation is in the very statement of al-Zihar and expiation is as penalty for such statement. Certain others think that expiation is not due unless swearing is violated in something about which he swears, and if he violates then expiation is due on him, otherwise, there is no expiation. He (the Imam) (a.s.), signed the answer in his own handwriting that said, ‘Expiation does not become obligatory until violation of oath occurs.”’

“Once, al-Husayn ibn Mehran asked abu al-Hassan al-Rida’ (a.s.), about a man who formed al-Zihar about four women. He (the Imam) said, ‘He owes expiation for each one.’ He asked him (the Imam) about a man who formed al-Zihar about his wife and his slave-girl and what must he pay. He (the Imam) said, ‘For each one he must pay expiation in the form of freeing a slave or fasting two consecutive months or feeding sixty destitute people.’”

“I once asked abu ‘Abd Allah (a.s.), about a Mumlak (a man owned as offspring of slaves) who expresses al-Zihar (calling one’s wife as one’s mother) about his wife. He (the Imam) said to me, ‘It is not al-Zihar (calling one’s wife as one’s mother) or swearing before going to bed with her.’”

“I once asked abu ‘Abd Allah (a.s.), about the case of a man who says to his wife that she is like the back of his mother to him. He (the Imam) said, ‘The expiation for it is setting free of a slave or fasting for two consecutive months or feeding sixty destitute people. For freeing a slave, a child born in Islam is sufficient.’”

“Abu ‘Abd Allah (a.s.), has said, ‘If one who has expressed al-Zihar (calling one’s wife as one’s mother) about his wife, divorces her then expiation cancels out and it no more is applicable to his case.’” Ali ibn Ibrahim has said that if a man divorces his wife or takes his slave-girl out of his possession he then does not owe expiation of al-Zihar unless he goes back to his wife and returns his slave-girl into his possession. When he does so then it is not proper for him to go near them without paying the expiation.

“I once said to abu ‘Abd Allah (a.s.), ‘I have expressed the statement of al-Zihar about my wife.’ He (the Imam) asked, ’How did you say it?’ I replied that it was, ‘You are like the back of my mother to me if you did so and so.’ He (the Imam) said, ‘It does not have any valid effect but you must not repeat it again.’”

“Al-Rida’ (a.s.), has said, ‘Al-Zihar (calling one’s wife as one’s mother) does not take place upon anger (if expressed because of anger).”’

“I once asked abu ‘Abd Allah (a.s.), about al-Zihar (calling one’s wife as one’s mother) which brings about the obligation. He (the Imam) said, ‘It is exactly that whereby a man wants al- Zihar.’”

“Abu ‘Abd Allah (a.s.), has said that ’Amir al-Mu’minin has said, ‘When a woman says, “My husband is unlawful like the back of my mother” expiation does not become due on her thereby.’ He (the Imam) said that once a man from al- Ansar (people of al-Madinah) from Banu al-Najjar came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, ‘I have expressed the statement of al-Zihar about my wife, then went to bed with her before paying the expiation.’ He (the Messenger of Allah) asked, ‘What made you do so?’ He replied, ‘When I expressed the statement of al-Zihar about her I then saw her shining anklet in the moonlight and the whiteness of her leg, then I went to bed with her before paying the expiation.’ He (the Messenger of Allah) said, ‘Stay away from her until you pay the expiation.’ He (the Messenger of Allah) commanded him to pay the expiation once and ask forgiveness from Allah.’”

“About the case of a man who expresses the statement of al-Zihar about his wife then divorces her, abu ‘Abd Allah (a.s.), has said, ‘Expiation does not apply to his case when he divorces before going to bed with her.’ It was then asked, ‘What happens if he goes back to her?’ He (the Imam) said, ‘If he has divorced her to escape from expiation, then goes back to her, expiation is obligatory for whenever he goes to bed with her, but if he divorced without such intention then it is not unlawful to go back to her and expiation is not due on him.’”

“I once said to abu Ja‘far (a.s.), ‘I have expressed the statement of al-Zihar about the mother of my children, then went to bed with her, then paid the expiation. He (the Imam) said, ‘This is how a faqih (scholar of law) man does; when he goes to bed he pays expiation.’”

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man who expresses the statement of al-Zihar about his wife, then goes to bed with her before paying expiation. He (the Imam) said, ’Is it not the way a faqih (scholar of law) man does? 5 ”

“I once asked abu ’Abd Allah (a.s.), about the case of a man who expressed the statement of al-Zihar about his wife. He (the Imam) said, ’He must pay expiation.’ I then said, ‘He has gone to bed with her before paying the expiation.’ He (the Imam) said, ’He has come across a law of laws of Allah, most Majestic, most Glorious, and he must ask forgiveness from Allah and stay away until he pays expiation.’”

“Abu ‘Abd Allah (a.s.), has said, ‘Al-Zihar is of two kinds. One kind is that because of which expiation becomes obligatory before going to bed with her, and the other kind is that for which expiation becomes obligatory after going to bed with her. The first kind is that in which one says, ‘For me you are like the back of my mother’ without saying, “If I did so and so with you.” The other kind is that for which expiation becomes obligatory after going to bed with her and it is that in which he says, ‘For me you are like the back of my mother if I come near you (for sexual intercourse).”’

“I once heard abu ‘Abd Allah (a.s.), saying, ‘If one swear to express al-Zihar then violates it, expiation becomes obligatory on him before going to bed with her, but if he has expressed the statement of al-Zihar without swearing, then expiation becomes due on him after going to bed with her.’” Mu’awiyah has said that this is not correct from thinking point of view. Hadith has come and our people have narrated that swearing can only take place ’by Allah’ and that is about which Quran has come.’”

“I once asked abu Ja’far (a.s.), about the case of a man who expresses the statement of al- Zihar about his wife, then divorces her once. He (the Imam) said, ’If he has divorced her once al-Zihar becomes void and divorce abolishes al-Zihar.’ I then asked, ‘What happens if he goes back to her?’ He (the Imam) said, ‘Yes, he can do so. She is his wife and if he went back to her he will owe what a man who has expressed the statement of al-Zihar owes before they touch each other.’ I then asked, ‘What happens if he allows until her waiting period ends and she becomes free of the bonds of marriage, and he then marries her; if there is expiation for al-Zihar before they touch each other. He (the Imam) said, ‘No, there is no expiation because she became stranger to him and was free of the bonds of marriage.’ I then asked, ‘What happens if he expresses the statement of al-Zihar about his wife, then leaves her without touching except that he sees her naked without touching; if expiation becomes obligatory. He (the Imam) said, ‘She is his wife, his going to bed with her is not unlawful, however, what is obligatory on him is what is obligatory on those who expressed the statement of al-Zihar about their wives before going to bed with her who is his wife.’ I then asked, ‘What happens if she brings him before the Sultan and says, ‘This is my husband who has expressed the statement of al-Zihar about me and he has withheld me. He does not touch me for fear of expiation which is obligatory on those who express the statement of al-Zihar.’ He (the Imam) said, ‘He (the sultan) cannot force him about the expiation of setting free of a slave or fasting for two consecutive months or feeding sixty destitute people if he is not able to set free a slave, fast for two consecutive months or feed sixty destitute people.’ He (the Imam) said, ‘If he is able in setting free of a slave or fasting for two consecutive months or feeding sixty destitute people, then the Imam must make him ready for setting free a slave and charity before he touches her or after he touches her.’”

“I once asked abu Ja’far (a.s.), about the case of a man who expresses the statement of al- Zihar about his wife, then divorces her before going to bed with her until she becomes stranger to him: if he owes expiation. He (the Imam) said, ‘No, expiation is not obligatory on him.’”

“I once asked abu ‘ Abd Allah (a.s.), about the case of a man, who expresses the statement of al-Zihar about his wife. He says, ‘For me you are like the back of my mother or like her hand, or like her belly, or like her vagina, or like her soul, or like her feet’; if this is al-Zihar and if he owes what one who expressed the statement of al-Zihar owes. He (the Imam) said, ‘If one expresses the statement of al-Zihar about his wife and says that she is like the back of his mother to him, or like her hand, like her leg, her hairs or something of her with the intention for it to be unlawful, then expiation becomes obligatory in a little or more of it. So also is the case if he says that she is like his relatives and expiation becomes obligatory on him.’”