Is it valid to suspend the legal ruling of *Zihar* (likening one's wife to a mother's back) upon a condition?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The suspension of *Zihar* upon conditions is valid. Examples include saying, "If you enter the house, then you are to me as my mother's back," or, "If Zayd wills, then you are to me as my mother's back." If the condition is met (Zayd wills or she enters the house), the *Zihar* takes effect; otherwise, it does not. This view is held by Al-Shafi'i and the Ashab al-Ra'y (Hanafi school). The evidence is that *Zihar* functions as an oath, and oaths may be suspended upon a condition, similar to *Ila'* (vow of abstinence). Furthermore, the original nature of *Zihar* was a form of divorce, and divorce is valid when suspended on a condition, meaning *Zihar* likewise is validly suspended. It is also valid because it is a pronouncement that renders the wife unlawful (*tahrim*), and such pronouncements can be conditioned, like divorce.
Supporting text
If a man says to his wife, "If I perform *Zihar* against my other wife, then you are to me as my mother's back," and he subsequently performs *Zihar* against the other wife, the first wife becomes subject to *Zihar* from both of them. If he says to a non-wife woman, "If I perform *Zihar* against [a specific] foreign woman, then you are to me as my mother's back," and then he performs *Zihar* against that foreign woman, the ruling concerning his wife being subjected to *Zihar* depends on the view regarding the validity of performing *Zihar* against a non-wife woman.