Zihar is when a husband says to his wife, “You are to me like the back of my mother,” or says, “I have made zihar to you,” or uses any other words with the same meaning. In that case, it is obligatory upon him that before touching her, he must free a slave; if he is unable to do so, he must feed sixty (60) poor people; and if he is also unable to do that, he must fast continuously for two months.
The word ظِهَار is a verbal noun derived from the root ظَاهَرَ يُظَاهِرُ (Mufa’ala and F’ala). Its meaning is “to help.”
[Al-Munjid: p. 530]
In Qamoos it is stated that zihar is when a man says to his wife:
انت على كظهر أمى
“You are to me like the back of my mother.”
[Al-Qamoos Al-Muheet: p. 392]
Undoubtedly, among all the body parts, only the back is specified because it is usually the place for riding, and for this reason, the riding place is also called “Zahr” (back). The wife is likened to it because she is the man’s riding place.
[Tuhfat Al-Ahwadhi: 462/4, Fath Al-Bari: 542/10]
In reality, zihar likens the back to the back, meaning likening the lawful back to the unlawful back is the cause for the ruling of zihar. This is why the jurists have agreed that whoever says to his wife: “You are to me like the back of my mother,” has committed zihar.
Words of Zihar:
These words can be of two types:
➊ Explicit: For example, أنت على كظهر أمى or saying فرجك على كظهر أمى or saying بطنك على كظهر امي, etc. All such words will unanimously be considered Zihar. However, jurists have differed on whether if a comparison is made with other mahrams besides the mother, such as daughter, sister, paternal aunt, maternal aunt, etc., will it be considered Zihar?
(Abu Hanifaؒ, Awza’iؒ) Other mahrams will also be analogized to the mother (meaning that making a comparison with them will also be considered Zihar. According to one narration, Imam Shafi’iؒ also holds this view).
(Jamhur) Zihar is specific only to the mother, as mentioned in the Quran أمهات.
[Nil al-Awtar: 356/4, Fath al-Bari: 542/10, Tafsir al-Lubab fi Ulum al-Kitab: 519/18, Tafsir Qurtubi: 177/17 – 178]
(Preferred) The position of the majority is preferred.
[Al-Sail al-Jarrar: 415/2]
➋ Metaphorical: For example, a person says to his wife:
انت على مثل أمى
“You are to me like my mother.”
In this, both possibilities exist, meaning she may be like a mother in respect or in prohibition. Its ruling depends on the intention attached; if the intention of the speaker is Zihar, then it will be Zihar, otherwise not.
[Al-Sail al-Jarrar: 417/2]
➊ Imam Shawkaniؒ stated that the order mentioned in the text for the expiation of Zihar is not correct because in the Quran, after the mention of freeing a slave, the command to fast is given, then the command to feed the poor, as Allah says:
وَالَّذِينَ يُظَاهِرُونَ مِن نِّسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ …. [Al-Mujadalah: 3 – 4]
“Those who pronounce Zihar against their wives and then retract what they said must free a slave before they touch each other (i.e., have intercourse). But if he cannot find one, then he must fast for two consecutive months… And if he is unable to do so, then he must feed sixty poor people.”
➋ The narration from Hazrat Salmah bin Sakhar Bayazi رضي الله عنه also mentions the same expiation in this Quranic order as explained by the Prophet ﷺ.
[Hasan: Sahih Abu Dawood: 1933, Kitab al-Talaq: Bab fi al-Zihar, Abu Dawood: 2213]
Order of expiation
It is obligatory to observe the mentioned order while giving expiation, as this is clear from the Quranic verse:
فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا
“Meaning if one does not have the power to free a slave, then he must fast for two months. It is not permissible to fast or feed the poor if one has the power to free a slave.”
[Tafsir Qurtubi: 185/17]
Is it necessary for the slave in expiation to be a believer?
(Abu Hanifaؒ) A non-Muslim slave will suffice because the Quran commands رقبه “any neck” absolutely.
(Shafi’iؒ) The slave must be a believer; the freeing of a slave is linked with the expiation for killing رقبة مومنه.
[Bada’i al-Sana’i: 235/3, Al-Um: 280/5, Al-Mughni: 81/11, Nil al-Awtar: 357/4]
(Preferred) It is not necessary for the slave to be a believer. Understanding this issue requires some detail because it is a fundamental discussion. The command to free a slave in Zihar expiation is absolute, while in the expiation for killing, it is conditional on freeing a believing slave. Those who differentiate between absolute and conditional commands do not consider the cause being the same as a condition to apply the absolute to the conditional, as Imam Shafi’iؒ holds. However, the preferred view is that the cause for both commands must be the same; since the cause for freeing a slave here is Zihar and there it is killing, due to the difference in cause, the absolute command will not be applied to the conditional. Therefore, it is established that freeing any slave will suffice.
[Al-Wajeez: p. 286, Lata’if al-Isharat: pp. 32 – 33, Irshad al-Fuhul: pp. 145 – 146]
Continuity of fasting
As mentioned in the Quran:
فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ
“Fast two consecutive months without interruption.”
Meaning if fasting is broken without any legitimate excuse (such as illness or travel), the entire two months must be fasted again from the beginning.
(Shafi’iؒ) Holds this view.
(Abu Hanifaؒ) If fasting is broken due to illness, it must be made up again.
[Tafsir Qurtubi: 184/17]
(Preferred) The first view is preferred, InshaAllah.
Intercourse before completing expiation
Is not permissible because the Quran states:
فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا
“Free a slave before touching each other (i.e., intercourse).”
Similarly, regarding fasting it says:
فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا
“Fast two consecutive months before touching each other (i.e., intercourse).”
However, there is no such condition before feeding the poor; therefore, if intercourse occurs before completing the fasting, the fasting must be restarted anew, but if intercourse occurs before completing feeding sixty poor people, one does not have to start feeding from the beginning again.
How much food should be given to each poor person?
(Ibn Abd al-Barrؒ) It is preferable to feed each poor person two Mudd.
[Al-Istindad li Ibn Abd al-Barr: 104/10]
(Abu Hanifaؒ) It is obligatory to feed each poor person one Sa’ (approximately two and a half kilograms) of dates, or corn, or barley, or dried meat, or half a Sa’ of wheat.
(Shafi’iؒ) It is obligatory to give one Mudd to each poor person.
[Nil al-Awtar: 358/4, Al-Um: 284/5, Al-Mughni: 94/1]
(Preferred) From the words of the Quran, it appears that each poor person should be fed enough food to satisfy their hunger.
◈ It is not necessary to feed all the poor at once; feeding them in intervals is also permissible.
(Malikؒ, Shafi’iؒ) Feeding less than sixty poor people will not suffice.
(Abu Hanifaؒ) If one feeds half a Sa’ daily to one poor person until the number is completed, it will suffice.
(Ahmadؒ) If a person finds only one poor person and feeds him the equivalent of sixty days’ worth of food, it is valid.
[Al-Hawi li al-Mawardi: 513/10, Al-Mabsut: 17/7, Al-Insaf fi Ma’rifat al-Rajih min al-Khilaf: 230/9, Tafsir al-Lubab fi Ulum al-Kitab: 528/18]
