What is the ruling regarding multiple instances of Zihar uttered by a husband in one or multiple sessions?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If a man performs Zihar multiple times, whether in one or several sessions, intending reinforcement, initiation, or speaking generally, only one expiation is due. This is the established view (Madhhab) narrated from Ahmad, favored by Abu Bakr, Ibn Hamid, and Al-Qadi, and narrated from 'Ali, 'Ata', Jabir ibn Zayd, Tawus, Al-Sha'bi, Al-Zuhri, Malik, Ishaq, Abu 'Ubayd, and Abu Thawr. This corresponds to the old position of Al-Shafi'i. If the husband expiates for the first Zihar, and then performs another Zihar, a second expiation is due for the second instance without dispute, as the second Zihar re-establishes the prohibition upon the now lawful wife, necessitating a new expiation, unlike the case before the first expiation was fulfilled.
Supporting text
There is a report from Ahmad indicating that if the intent is reinforcement, one expiation suffices, implying two expiations if the intent is new initiation, aligning with Al-Thawri and the new position of Al-Shafi'i. The Ashab al-Ra'y state one expiation if in one session and multiple if in multiple sessions, arguing that since the statement necessitates a prohibition, repeating the intent establishes a new ruling status for each occasion, similar to divorce. This is refuted by arguing that the second Zihar does not establish a new prohibition since the wife was already made unlawful by the first statement, and the second repetition does not add a prohibition, unlike the third divorce which establishes a subsequent prohibition (before a new husband and consummation).