Is the statement 'You are upon me like my mother' considered Zihar when spoken without specific intent?
General Chapter
Al-Mughni
Book of Zihar
Primary text
When the statement 'You are upon me like my mother' or 'like my mother' is made without explicit intention, it is not Zihar unless there is an indication pointing to Zihar. This is the view of Abu Hanifa and Al-Shafi'i, supported by Ibn Abi Musa (in one narration), because this phrasing is used more often for reverence than for prohibition, and thus does not automatically imply prohibition without intent, similar to the indirect terms (kinayat) of divorce.
Supporting text
The counter-argument holds that equating his wife entirely to his mother implies equating her to his back, thus establishing Zihar, just as if he had explicitly likened her to his back. Furthermore, if the statement is made as part of an oath, such as 'If I do such and such, then you are upon me like my mother,' or uttered during conflict or anger, it is Zihar. This is because an oath is intended to enforce abstinence or urging, which is achieved by prohibiting her, or because her quality or honor is not typically conditional, indicating Zihar was intended. Anger or conflict suggests an intent to cause harm necessitating avoidance, which is Zihar. If such contextual evidence is absent, it is not Zihar due to the many alternative probable meanings. Abu Thawr holds a similar view.