When does the obligation for expiation (kaffarah) arise in a temporary Zihar?
General Chapter
Al-Mughni
Book of Zihar
Primary text
Expiation is only obligatory upon engaging in marital relations (watii) during the specified time frame. This is the established position by Imam Al-Shafi'i. The evidence supporting this is the narration of Salama ibn Sakhr, where the Prophet (peace be upon him) only mandated expiation after intercourse occurred within the stipulated period. Since the pronouncement of Zihar in this case is akin to an oath not yet broken by action, no expiation is due, similar to an unfulfilled oath sworn to Allah.
Supporting text
Some followers of Al-Shafi'i hold that if the husband does not divorce the wife immediately following the Zihar, expiation becomes obligatory upon him. Abu Ubayd stated that expiation is due if the husband resolves to have relations during the period, but not otherwise, equating resolution with the act of returning (عود). This view is rejected because it invalidates the effect of the time limitation itself, contradicting the validity of temporary Zihar.