Is it valid for a man to issue the pronouncement of Zihar regarding his female slave or the mother of his child?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The pronouncement of Zihar (comparing one's wife to the back of one's mother) is invalid when directed towards one's female slave or the mother of one's child. This view is held by Ibn Umar, Abdullah bin Amr, Sa'id bin al-Musayyib, Mujahid, Sha'bi, Rabi'a, Al-Awza'i, Al-Shafi'i, and Abu Hanifa and his companions. The primary evidence is derived from the Quranic verse concerning those who make Zihar: {And those who pronounce Zihar concerning their wives} (Quran 58:2), which specifically limits this ruling to wives. Furthermore, since Zihar is a statement that entails the prohibition of a wife, it does not entail the prohibition of a slave, similar to divorce. Zihar was originally a form of divorce in the pre-Islamic era (Jahiliyyah), and its ruling was transferred while its subject matter (the wife) remained the same.
Supporting text
A contrary opinion is narrated from Al-Hasan, 'Ikrimah, Al-Nakha'i, 'Amr bin Dinar, Sulayman bin Yasar, Al-Zuhri, Qatadah, Al-Hakam, Al-Thawri, and Malik, stating that full expiation (Kaffarah) is due for Zihar against a slave because she is permissible for him, thus the Zihar is valid like that against a wife. Another view from Al-Hasan and Al-Awza'i states that expiation is due only if he has sexual intercourse with her; otherwise, it is treated like prohibiting his own property. 'Ata' opined that half the expiation required for a free woman is due, as the slave is considered half of a free woman in many rulings.