Is sexual intercourse prohibited for one who has issued a declaration of Zihar against his wife before fulfilling the expiation?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 1 · Bab 1

Open in Qurani

Primary text

Sexual intercourse is prohibited for a man who has issued a declaration of Zihar against his wife until he completes the prescribed expiation. This prohibition applies equally whether the expiation chosen is manumission (freeing a slave) or fasting. This is established by the decree of Allah the Almighty: "...before you both touch each other" (Quran 23:3) and the subsequent verse: "But whoever cannot afford it, then [it is incumbent upon him] to fast for two successive months before they both touch each other" (Quran 23:4). The majority of scholars, including 'Ata, al-Zuhri, al-Shafi'i, and the People of Opinion (Ahl al-Ra'y), hold that this prohibition applies even when the expiation is feeding the poor. Evidence supporting this prohibition is found in the narration by 'Ikrimah, from Ibn 'Abbas, where the Prophet, peace be upon him, instructed a man who had engaged in intercourse before expiating, saying: "Do not approach her until you do what Allah has commanded you." (Narrated by Abu Dawud and al-Tirmidhi, who deemed it Hasan). Since the person has not yet performed the required expiation, intercourse remains forbidden, analogous to the cases where the expiation is manumission or fasting.

Supporting text

Abu Thawr permitted intercourse before expiation by feeding the poor. A narration from Ahmad implies this ruling because Allah did not explicitly forbid touching before expiation in the case of feeding, as He did for manumission and fasting.