Does firm intention alone obligate the expiation for Zihar if intercourse has not yet occurred?
General Chapter
Al-Mughni
Book of Zihar
Primary text
Expiation is not obligated merely upon the firm intention (al-'azm) to have intercourse if the act itself is delayed or prevented by external factors like death or divorce. The command to perform expiation when one intends to return to intercourse serves as a condition for permissibility (hukm al-hill), akin to the command for purification before optional prayer or intention before fasting.
Supporting text
Some scholars, following the interpretation that 'then they return' in Quran 58:3 means intending the return, argue that expiation becomes due upon the mere intention. Imam Ahmad rejected this interpretation when applied to the delayed case, questioning how intention combined with subsequent divorce would necessitate expiation unless following the view of Tawus that uttering Zihar is like divorce. Ahmad rejected the view of Tawus.