The validity of freeing a slave as expiation for Zihar when the condition for manumission and the Zihar occur sequentially.
General Chapter
Al-Mughni
Book of Zihar
Primary text
If a man tells his slave, 'If I perform Zihar, you are free for my Zihar expiation,' and subsequently tells his wife, 'You are to me as the back of my mother,' the slave becomes free because the condition (the Zihar) has been met. Regarding whether this frees him from the Zihar expiation, there are two views. The first view holds that it suffices because the manumission occurred after the Zihar, and he had the intention (niyyah) to free him for the expiation. The second view holds that it does not suffice because the slave's manumission became incumbent due to another cause (the condition), and furthermore, the requisite intention was absent at the time of manumission. Intention made at the time of suspension (attaching the condition) is not sufficient because it precedes the cause (the Zihar itself).
Supporting text
One opinion states that the manumission suffices as expiation because the manumission followed the Zihar and the intention was present for the expiation. The counter-opinion holds that it is invalid because the manumission was necessitated by a distinct condition, and the intention was not present concurrent with the manumission, nor is an intention made at the time of conditional attachment valid due to it preceding the cause.