Bayhaqi 15255 — The one pronouncing zihar upon whom the expiation

Imam al-Shafi'i (may Allah have mercy on him) said: What I have retained of what I heard concerning "then go back on what they said" [Surah al-Mujadilah: 3] is that the one who makes zihar has made his wife unlawful through zihar; so when a period of time passes after his pronouncement of zihar in which he has not made her unlawful through the divorce by which she becomes unlawful, nor through anything that would give him a way out of her being made unlawful by it, then the expiation of zihar has become obligatory upon him. It is as if they hold that when he retains what he had made unlawful upon himself, as being lawful, he has gone back on what he said, contradicting it, and has made lawful what he had made unlawful. He said: I do not know any meaning more fitting for it than this. Imam al-Shafi'i (may Allah have mercy on him) said: I know of no one who disagrees that the expiation of zihar is due from him even if he does not go back with another zihar; so it is not permissible to say something which, as far as I know, no one disagrees is not the meaning of the verse.