What is the legal capacity required for making the declaration of *Zihar* (in-law prohibition)?
General Chapter
Al-Mughni
Book of Zihar
Primary text
Every adult, sane individual, whether Muslim or non-Muslim, free or slave, is legally capable of making a valid *Zihar*. The *Zihar* of an intoxicated person is dependent upon the validity of his divorce declaration. A dissenting opinion states that the *Zihar* of a minor is invalid because *Zihar* involves an oath requiring expiation, which is invalid for a minor, similar to swearing by God, as the obligation to expiate for falsehood is lifted from him.
Supporting text
The correct view holds that the *Zihar* of a minor is invalid because it entails an oath requiring expiation, which is removed from the minor, just as swearing by God is invalid for him, and because the expiation involves removing falsehood, which is not held against a minor.