What is the required expiation for a wife who makes a statement resembling Zihar?
General Chapter
Al-Mughni
Book of Zihar
Primary text
There are differing opinions attributed to Ahmad regarding the wife's expiation. One narration states she owes the Zihar expiation, based on reports concerning 'Aishah bint Talha, where scholars of Medina ruled she owed expiation after she made such a statement regarding Mus'ab ibn al-Zubayr, and after she later sought counsel from the Companions of the Prophet (peace be upon him), they instructed her to emancipate a slave and then marry him. This is argued because she uttered a reprehensible and false statement, obligating the Zihar expiation like the man, or because it is an oath, making both spouses equal, like an oath by God. The second report states she owes no expiation, aligning with Malik, Al-Shafi'i, Ishaq, and Abu Thawr, arguing that since it is not actual Zihar, it does not mandate the Zihar expiation, similar to slander or false accusation. The third report states she owes the expiation of an oath (Kaffarat al-Yamin), a view attributed favorably to 'Ata'.
Supporting text
The most consistent view with Ahmad's principles is the expiation of an oath, as it is not true Zihar, and mere false speech does not mandate Zihar expiation, evidenced by other falsehoods, Zihar before resumption, or Zihar against a concubine. The report concerning 'Aishah bint Talha emancipating a slave can be interpreted as fulfilling the expiation for her oath, as emancipation is one form of oath expiation. Ahmad's statement that it is more cautious (ahtwat) to give expiation does not necessitate the Zihar expiation but suggests fulfilling the strictest form to exit dispute.