Is a temporary Zihar (equivocation regarding marital relations) valid?

General Chapter

Al-Mughni

Book of Zihar

Book 42 · Issue 1 · Bab 1

Open in Qurani

Primary text

A temporary Zihar is valid, such as when a man says to his wife, 'You are to me like the back of my mother for a month,' or 'until the month of Ramadan concludes.' When the stipulated time passes, the Zihar is lifted, and the wife becomes permissible without expiation (kaffarah). This is the position of Ibn Abbas, Atah, Qatadah, Al-Thawri, Ishaq, Abu Thawr, and one opinion of Al-Shafi'i. The evidence for this is the Hadith of Salama ibn Sakhr, who said he pronounced Zihar against his wife until Ramadan ended, and the Prophet (peace be upon him) ordered him to perform expiation only after he had relations with her during that month, not merely upon uttering the statement. Furthermore, Zihar is a prohibition established by an oath that requires expiation if broken, thus it can be time-bound, similar to Ila' (oath of abstinence), distinguishing it from divorce which dissolves ownership.

Supporting text

Opposing views exist. One opinion of Al-Shafi'i holds that a temporary statement does not constitute Zihar. Ibn Abi Layla and Al-Layth agree, arguing that since the wording of Zihar is generally unrestricted in legislation, a time-bound statement lacks the full force, resembling resemblance to someone forbidden only temporarily. Tawoos mandates expiation even if the prohibition period ends without relations. Malik asserts that the time limitation is nullified, making it an absolute Zihar, analogously to divorce, which cannot be time-limited when establishing prohibition.