Al-Zihar

“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 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 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.’”

“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.’”

“‘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.’”

“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.

“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.’”

“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 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.’”