Author: Imran Ayub Lahori
If a man engages in sexual relations with his wife before fulfilling the expiation for ẓihār or before the prescribed period has passed, then he must abstain from her until he completes the expiation or the specified time elapses.
Ibn ʿAbbās (رضي الله عنهما) narrates that a man performed ẓihār with his wife and then had intercourse with her before paying the expiation. He later came to the Prophet ﷺ and said:
إنى وقعت عليها قبل أن أكفر
"I had intercourse with her before I paid the expiation."
The Prophet ﷺ replied:
فلا تقربها حتى تفعل ما أمرك الله
"Do not go near her until you do what Allah has commanded you."
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1943; Abū Dāwūd: 2223; Tirmidhī: 1199; Bayhaqī: 7/386]
This proves that sexual relations before paying the expiation are not permissible, and there is consensus on this.
Scholars differ on whether a man who has intercourse before expiation must:
The majority hold that only one expiation is required in such a case. This is because:
Furthermore, in another narration, the Prophet ﷺ explicitly stated regarding one who has intercourse before expiation:
كفارة واحدة
"One expiation."
[Ṣaḥīḥ: Ṣaḥīḥ Ibn Mājah: 1679; Ibn Mājah: 2064; Tirmidhī: 1198]
In all such rulings, there is no distinction between a slave and a free man, as the Sharīʿah makes no differentiation in this regard.
Ruling on Intercourse Before Expiation
If a man engages in sexual relations with his wife before fulfilling the expiation for ẓihār or before the prescribed period has passed, then he must abstain from her until he completes the expiation or the specified time elapses.
Ibn ʿAbbās (رضي الله عنهما) narrates that a man performed ẓihār with his wife and then had intercourse with her before paying the expiation. He later came to the Prophet ﷺ and said:
إنى وقعت عليها قبل أن أكفر
"I had intercourse with her before I paid the expiation."
The Prophet ﷺ replied:
فلا تقربها حتى تفعل ما أمرك الله
"Do not go near her until you do what Allah has commanded you."
[Ṣaḥīḥ: Ṣaḥīḥ Abū Dāwūd: 1943; Abū Dāwūd: 2223; Tirmidhī: 1199; Bayhaqī: 7/386]
This proves that sexual relations before paying the expiation are not permissible, and there is consensus on this.
Scholarly Difference Regarding Number of Expiations
Scholars differ on whether a man who has intercourse before expiation must:
- Pay two expiations (some scholars)
- Pay three expiations (some scholars)
- Have his expiation invalidated altogether (some scholars)
- Pay only one expiation (majority of scholars, including the four Imams)
Opinion of the Majority (Jumhūr)
The majority hold that only one expiation is required in such a case. This is because:
- In the ḥadīth above, the Prophet ﷺ did not instruct the man to pay two or three expiations, nor did he say the expiation was invalid.
- Instead, he simply ordered him to refrain from intercourse until paying the expiation.
Furthermore, in another narration, the Prophet ﷺ explicitly stated regarding one who has intercourse before expiation:
كفارة واحدة
"One expiation."
[Ṣaḥīḥ: Ṣaḥīḥ Ibn Mājah: 1679; Ibn Mājah: 2064; Tirmidhī: 1198]
Note
In all such rulings, there is no distinction between a slave and a free man, as the Sharīʿah makes no differentiation in this regard.
