What is the ruling if a husband says 'You are haram upon me' to a woman who is already forbidden to him due to a temporary cause, such as menstruation?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If the husband directs the statement to a woman forbidden to him temporarily (like due to menses) and intends Zihar, it is ruled as Zihar. However, if he intends only to declare that she is forbidden to him due to that existing condition (menses or similar), then no penalty or specific ruling applies.
Supporting text
If the statement is left unqualified (unspecified intention), it is not considered Zihar. This is because the statement could either be a report confirming her existing state of prohibition or an initiation of Zihar. Since neither meaning is definitively specified without intention, neither interpretation is established over the other.