Does the mere retention (Imsak) of the wife after the Zihar declaration constitute 'return' (al-'awd) obligating expiation?
General Chapter
Al-Mughni
Book of Zihar
Primary text
Retention (al-imsak) of the wife after making the Zihar declaration is not considered the 'return' that obligates expiation. The 'return' must be an act contrary to the prohibition stated, and retention is not the opposite of the prohibition of intercourse. Furthermore, Zihar is a prohibition requiring abstinence; retaining the wife does not inherently constitute the contravention of that prohibition. The verse implies sequence and delay (Thumma), and retention is not delayed.
Supporting text
The view that retention constitutes 'awd is based on the idea that Zihar implies separation (ibānah), so retaining her is a return concerning what was stated. This is rejected because Zihar only implies prohibition and avoidance, not complete separation, as evidenced by its validity when temporally restricted (muwaqqat).