What is the ruling when a husband says, 'You are divorced, like the back of my mother'?
General Chapter
Al-Mughni
Book of Zihar
Primary text
When a husband states, "You are divorced, like the back of my mother" (Anta taliqu ka-thahri ummi), divorce is effective, and the phrase "like the back of my mother" is discarded. This is because the explicit statement of divorce was uttered first, and the subsequent phrase is treated as a descriptor of the divorce. If the intent behind saying "like the back of my mother" was merely to confirm or emphasize the divorce, it does not constitute Zihar (antiparallel imputation).
Supporting text
If the intent behind "like the back of my mother" was specifically Zihar, the ruling depends on the type of divorce. If the divorce was irrevocable (ba'in), it is treated as Zihar from a non-wife because it was pronounced after her separation due to the divorce. If the divorce was revocable (raj'i), it constitutes valid Zihar because the phrase of Zihar was uttered while she was still his wife. This opinion is mentioned by Al-Qadi and is the established position of the Shafi'i school.