Chapter on Zihar (declaring one's Wife Unlawful Like a mother)

I asked Abu Abdillah (peace be upon him) about a man who has only performed the marriage contract (mamluk, meaning he has not yet consummated the marriage) and then declares ẓihar (a pre-Islamic form of divorce where a husband likens his wife to a prohibited relative). Imam (as) said: "There is no ẓihar and no īla' (an oath to abstain from marital relations) until he consummates the marriage with her."

Hadith.4827 - And Imam (as) said: "Ẓihar (a form of divorce by comparison) does not apply except in the context where divorce is applicable."

I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) about ẓihar (a form of divorce by comparison). Imam (as) said: "Ẓihar applies only when a man likens his wife to someone who is permanently unlawful for him, such as his mother, sister, paternal aunt, or maternal aunt. Ẓihar does not occur through an oath." I asked: "How does it occur?" Imam (as) replied: "A man says to his wife, while she is in a state of purity and without having had intercourse with her, 'You are to me as unlawful as the back of my mother or my sister,' and he intends by this statement to make ẓihar."

"During the time of the Messenger of Allah (swt) (peace be upon him and his family), there was a man named Aws ibn Al-Samit who was married to a woman named Khawlah bint Tha'labah. One day, he said to her: 'You are to me as the back of my mother.' He immediately regretted his words and said to her: 'O woman, I think you have become unlawful for me.' Khawlah went to the Messenger of Allah (swt) (peace be upon him and his family) and said: 'O Messenger of Allah (swt), my husband said to me, "You are to me as the back of my mother." This statement in the past used to make a wife unlawful for her husband.' The Messenger of Allah (swt) (peace be upon him and his family) said to her: 'O woman, I think you have indeed become unlawful for him.' She then raised her hands to the sky and said: 'I complain to You (swt) about the separation from my husband.' Allah (swt), the Mighty and Majestic, revealed: 'Indeed, Allah (swt) has heard the statement of the woman who disputes with you concerning her husband and complains to Allah (swt). And Allah (swt) hears your dialogue; indeed, Allah (swt) is All-Hearing, All-Seeing. Those among you who declare their wives unlawful to them (by ẓihar) are not their mothers. Their mothers are none but those who gave birth to them. And indeed, they utter an evil statement and a falsehood. But indeed, Allah (swt) is Pardoning and Forgiving'" (Surah Al-Mujadilah 58:1-2). Then Allah (swt), the Mighty and Majestic, revealed the expiation for this, saying: 'And those who pronounce ẓihar from their wives and then wish to go back on what they said, must free a slave before they touch one another. This is what you are admonished with, and Allah (swt) is All-Aware of what you do. But whoever does not find [a slave to free] must fast for two consecutive months before they touch one another. And whoever is unable must feed sixty poor people'" (Surah Al-Mujadilah 58:3-4).

Hadith.4830 - It is narrated: "If he is unable to provide the required feeding (it'ām), he should give charity (ṣadaqah) according to what he is capable of."

I asked Abu Ja'far Imam Muhammad ibn Ali Al-Baqir (as) about a man who declared ẓihar (a form of divorce by comparison) against his wife and then divorced her with one divorce. Imam (as) said: "If he divorces her with one divorce, the ẓihar becomes nullified, and the divorce cancels the ẓihar." I asked: "Can he take her back?" Imam (as) replied: "Yes, she is still his wife. However, if he takes her back, he must fulfill the obligation required of one who has performed ẓihar before engaging in intercourse with her." I asked: "If he leaves her until her waiting period (iddah) ends and she gains full control over herself, and then he marries her again afterward, is he still bound by the previous ẓihar before engaging in intercourse?" Imam (as) replied: "No, she has been completely separated from him and has gained control over herself." I asked: "If he declared ẓihar against her but did not have intercourse with her and left her without touching her, although he still saw her uncovered, does anything become obligatory upon him in this case?" Imam (as) said: "She is his wife, and it is not forbidden for him to have intercourse with her. However, he must fulfill what is required of one who has performed ẓihar before having intercourse with her, as she remains his wife." I asked: "If she complains to the authorities, saying, 'This is my husband who has declared ẓihar against me but holds on to me without touching me out of fear of the obligation that comes with ẓihar,' what is to be done?" Imam (as) said: "It is not obligatory for the authority to compel him to free a slave, fast, or feed the poor if he has nothing to free, cannot fast, and does not have the means to give charity. However, if he is capable of freeing a slave, then it is upon the Imam to compel him to free a slave or give charity before he touches her or after he has done so."

I asked Abu Abdullah (as) about a man who performs ẓihar (a form of divorce by comparison) against his wife. Imam (as) said: "He must offer expiation." I asked: "What if he engages in intercourse with her before offering expiation?" Imam (as) replied: "Then he has violated one of Allah's (swt) limits. He must seek Allah's (swt) forgiveness and abstain until he fulfills the expiation."

I asked Abu Abdullah (as) about a man who declared ẓihar (a form of divorce by comparison) against his wife three times. Imam (as) said: "He must offer expiation three times." I asked: "What if he engages in intercourse with her before offering the expiation?" Imam (as) replied: "He must seek Allah's (swt) forgiveness and abstain until he completes the expiation."

Hadith.4834 - Muhammad ibn Muslim asked Imam (as) about a man who declared ẓihar (a form of divorce by comparison) against his wife five times or more. Imam (as) replied: "Imam Ali ibn Abi Talib (as) said: 'For every instance, there is a separate expiation.'"

"The ruling for a free man and a slave is the same, except that a slave is obligated to fulfill half of what is required from a free man in terms of expiation."

I asked Imam (as): "If a man performs ẓihar (a form of divorce by comparison) in the month of Sha'ban and cannot find something to free (as expiation), what should he do?" He (as) replied: "He should wait until he fasts the month of Ramadan and then fast two consecutive months afterward. If he performs ẓihar while he is traveling, he should wait until he returns. And if he begins fasting and then acquires wealth, he should continue with what he had already started."

I heard Abu Abdullah (as) say: "A man came to the Prophet (peace be upon him and his family) and said: 'O Messenger of Allah (swt), I have performed ẓihar (declared my wife as unlawful to me).' The Prophet (peace be upon him and his family) said: 'Go and free a slave.' The man replied: 'I do not have one.' The Prophet (sw) said: 'Then go and fast for two consecutive months.' The man replied: 'I am not able to do so.' The Prophet (sw) said: 'Then go and feed sixty poor people.' The man replied: 'I do not have the means.' The Messenger of Allah (swt) (peace be upon him and his family) then said: 'I will give charity on your behalf.'" He (peace be upon him and his family) gave him dates to feed sixty poor people and said: "Go and give this in charity." The man said: "By the One who sent you with the truth as a Prophet (sw), I do not know anyone between these two mountains (of Madinah) who is more in need of this than me and my family." The Prophet (peace be upon him and his family) said: "Then go and feed your family with it."

Hadith.4838 - In the narration of Al-Hasan ibn Ali ibn Faddal, a man said: I said to Abu Al-Hasan (as), "I told my wife, 'You are to me as the back of my mother if you leave the room,' and she left." Imam (as) replied: "There is nothing upon you." I said: "But I am capable of offering expiation." Imam (as) replied: "There is nothing upon you." I said: "I am capable of freeing one or even two slaves as expiation." Imam (as) said: "There is nothing upon you, whether you are capable or not."

Hadith.4839 - In the narration of Al-Sakuni, he said that Imam Ali ibn Abi Talib (as) was asked about a man who both swore an oath (ilaʾ) and declared ẓihar (a form of divorce by comparison) against his wife in a single statement. Imam (as) said: "He is obligated to offer only one expiation."

I asked Abu Abdullah (as) about a man who said to his female slave, "You are to me as the back of my mother," intending by this statement to please his wife. Imam (as) replied: "He may approach her (the slave), and there is nothing upon her or upon him."

"If a man who has performed ẓihar fasts for one full month and then fasts a day from the second month, he has fulfilled the condition of consecutive fasting. After that, if he wishes, he may make up the remaining fasts in a non-consecutive manner, or if he wishes, he may give a mudd (a specific measure) of food for each remaining day."

while I was present, about a man who said to his wife, "You are to me like the back of my mother" a hundred times. Abu Jafar Imam Al-Baqir (as) said: "Is he able to free a slave for each time?" The man replied: "No." Imam (as) said: "Is he able to feed sixty needy people for each time?" The man replied: "No." Imam (as) said: "Is he able to fast for two consecutive months for each time?" The man replied: "No." Imam (as) then said: "They should be separated."

Imam Ali ibn Abi Talib (as) said regarding a man who performed ẓihar (a form of divorce by comparison) against four wives: "He is obligated to offer only one expiation."

Hadith.4844 - Imam Jafar ibn Muhammad Al-Sadiq (as) said: "Ẓihar (a form of divorce by comparison) does not count as a divorce, nor does divorce count as ẓihar."

"Ẓihar (a form of divorce by comparison) does not occur through an oath, nor in a case of harm, nor in a state of anger. Ẓihar is only valid when it is declared during a state of purity (from menstruation), without prior intercourse, and in the presence of two Muslim witnesses."

Hadith.4846 - Ammar ibn Musa Al-Sabati asked Abu Abdullah (as) about the obligatory ẓihar (a form of divorce by comparison). Imam (as) replied: "It is when a man explicitly intends by his statement to perform ẓihar itself."

"If a woman says, 'My husband is to me as the back of my mother,' there is no expiation upon her."

Hadith.4848 - Ishaq ibn Ammar asked Abu Ibrahim (Imam Musa ibn Jafar Al-Kadhim (as)) about a man who performs ẓihar (a form of divorce by comparison) against his female slave. Imam (as) replied: "In this matter, a free woman and a bondwoman are the same."

Hadith.4849 - Muhammad ibn Humran asked Abu Abdullah (as) about whether a slave is obligated to perform ẓihar (a form of divorce by comparison). Imam (as) replied: "He is required to fulfill half of what is required of a free man, which is fasting for one month. However, he is not obligated to offer expiation through charity or the freeing of a slave."

"The umm al-walad (woman who has borne her master's child) is included in the ruling of ẓihar."