Is expiation due if the husband or wife dies before intercourse after Zihar?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 2 · Bab 1

Open in Qurani

Primary text

If either the husband or the wife dies before the act of intercourse ('Awud) occurs following the Zihar pronouncement, no expiation is due from the survivor. Similarly, if the husband separates from his wife before intercourse, no expiation is due, regardless of whether the separation was immediate or delayed after the oath.

Supporting text

Qatadah maintained that if the wife dies, the husband cannot inherit from her unless he first offers the expiation. The majority opinion is that the husband inherits from her whether he performs the expiation or not, similar to the ruling concerning a *Muli* (one who swears not to approach his wife).