Is intention (Niyyah) a condition for the validity of Zihar expiation?
General Chapter
Al-Mughni
Book of Zihar
Primary text
Intention is a condition for the validity of the expiation, based on the Prophet's saying, "Actions are but by intentions," and because emancipation can be done voluntarily, for another expiation, or as a vow, thus requiring specific intent to apply it to the Zihar expiation. The proper formulation is intending the emancipation, fasting, or feeding for the sake of the Zihar expiation. If the quantity exceeds the obligation, it is reinforcement; otherwise, the intention suffices. If one intends the obligation but not the expiation specifically, it is invalid because obligation is varied (expiation, vow), requiring differentiation. The intent must coincide with or immediately precede the act of expiation. If the expiation is fasting, the intention must be made every night, based on the Hadith, "There is no fast for one who does not intend to fast from the night." If multiple expiations of the same type are due, specifying the cause is not required, according to Al-Shafi'i, Abu Thawr, and Ashab al-Ra'y.
Supporting text
Some scholars stipulated that the intention must be continuous, and if the expiation is fasting, the intention must be maintained nightly. If multiple expiations of the same type are due, such as Zihar from four wives, freeing one slave suffices to make one wife permissible to him without specifying which one, similar to two missed days of Ramadan fasts. A different view within the madhhab suggests casting lots among the wives to determine whom the emancipation applies to. Al-Shafi'i held he can designate to which wife the release applies, allowing him to choose between making one lawful or remaining prohibited to him.