What is the ruling when a husband says, "You are forbidden upon me" (Anta 'alayya haram) while intending both divorce (talaq) and 'ithar (prohibition)?
General Chapter
Al-Mughni
Book of Zihar
Primary text
When a husband utters the phrase "You are forbidden upon me" with the intention of both *talaq* (divorce) and *zihar* (prohibition akin to declaring one's wife unlawful like a mother), the utterance constitutes *zihar* and not *talaq*. This is because a single phrase cannot simultaneously enact both rulings. *Zihar* takes precedence for this specific wording because the underlying meaning of both terms, prohibition (*tahrim*), is identical, and *zihar* is considered more inherently related to the word 'forbidden.' Divorce (*talaq*), whose primary meaning is 'release' or 'unbinding the knot of marriage,' is secondary, as prohibition is merely a contingent ruling that can be separated, unlike the irrevocable binding nature established in *zihar*. The ruling is established immediately upon uttering the phrase, provided the speaker is qualified and the subject is valid.
Supporting text
Some Shafi'i scholars permit giving the husband the choice between the two intended rulings when he states both intentions. Another view among them posits that if he says, "I intended divorce and *zihar*," it becomes divorce because divorce was mentioned first. Conversely, if he says, "I intended *zihar* and divorce," it becomes *zihar* because *zihar* was mentioned first, making the order of speech the determining factor for the resultant ruling.