What is the ruling if a man says to a non-wife (ajnabiyyah): 'You are to me like the back of my mother,' while intending that she is forbidden to him immediately?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If a man says to a non-wife, "You are to me like the back of my mother," and intends that he means she is forbidden to him immediately, the statement is taken as true regarding her current forbidden status. No atonement is required if he has not married her, because he is truthful in describing a state of prohibition that already exists in terms of general moral obligation, or if he has no specific intention, no liability arises. If he intended that she remain forbidden to him in perpetuity, it constitutes Zihar, as the term 'haram' (forbidden) implies Zihar when intended concerning a wife, and it carries the same weight concerning a non-wife, thus equating to saying, 'You are to me like the back of my mother.'
Supporting text
There are two views on whether the statement can be accepted in a legal ruling when he claims immediate prohibition: One view is that it is not accepted because the phrase is explicit for Zihar, and its intended diversion to another meaning is rejected. The second view is that it is accepted because she is forbidden to him, just as his mother is forbidden to him.