Is a contingent statement containing the word 'Haram' considered a valid Zihar if intention is present or indicated by context?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If the husband intends Zihar by such a statement, or if there is an accompanying context (*qareenah*) indicating the intention of Zihar—such as affixing it to a condition, like saying, "Haram upon me if I speak to you"—it is subject to two possibilities. One view holds that it is a valid Zihar because it is one of the two types of prohibiting the wife, and thus it is valid through an indirect expression (*kinayah*) accompanied by intention, similar to divorce.
Supporting text
Another view holds that Zihar is not established by such a statement because the religious law (*Shar'*) only addressed it through its explicit wording. Furthermore, because it is an oath (*yameen*) that necessitates expiation (*kaffarah*), its ruling is not established without the explicit term, similar to an oath involving the name of Allah Almighty.