Is the mere retention of the wife after Zihar considered the 'return' ('Awud)?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The mere retention of the wife after the Zihar declaration, even if time passes during which divorce could have occurred, does not constitute the 'return' ('Awud) that mandates expiation, as the true 'return' is the act of intercourse.
Supporting text
Imam Al-Shafi'i considers retention during the time when divorce is possible as the 'return' obligating the expiation. Furthermore, if retention were considered the 'return,' expiation would be obligatory upon a temporary divorcer (*Muzahir Muwaqqat*) even if he fulfills the condition of his temporary vow (e.g., if he abstains), which Imam Al-Shafi'i himself has stated is not the case.