What is the ruling regarding a man who makes a statement of Zihar concerning a second woman after having made a statement of Zihar concerning the first?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If a man made a statement of Zihar concerning one woman and then told another woman, "I make you a partner with her," or "You are her partner," or "You are like her," intending the statement of Zihar concerning the second woman, then he is considered to have made Zihar concerning her, with no known disagreement. This is the position held by Malik and Shafi'i. If the statement is made without explicit intent, it still constitutes Zihar if it immediately follows the initial Zihar concerning the first woman, according to Abu Bakr. This is also the view of Malik.
Supporting text
Abu al-Khattab suggested that it might not constitute Zihar, a view also held by Shafi'i, because the statement is not explicit regarding Zihar, and if Zihar was not intended, it is not Zihar, similar to if he had said it before the initial Zihar. Furthermore, it could imply partnership in religion, legal dispute, marriage, or bad character, thus requiring specific intent for Zihar, as with all allusive statements (kinayat).