When the wife owes the expiation of an oath for her statement, is its fulfillment contingent upon intercourse?
General Chapter
Al-Mughni
Book of Zihar
Primary text
If the wife owes the expiation, it is not due until the husband has intercourse with her while she is consenting. If he divorces her, or one of them dies before intercourse, or if she is coerced into intercourse, no expiation is due from her, as it is an oath whose expiation is not due until the oath is broken (Hanith). Prepayment before intercourse is not obligatory, similar to other oaths, though permissible. She must permit her husband intercourse before expiation because it is his right, and her oath does not negate it, as this act is not true Zihar but merely prohibiting a lawful thing, which does not establish a prohibition as if he prohibited his food.
Supporting text
A view attributed to Abu Bakr suggests she should not allow him intercourse before expiation, analogizing her status to that of the man performing Zihar. This is considered weak because Zihar by the husband against his wife is valid, whereas the wife's Zihar is not, and because marital intimacy is the husband's right which he can remove, whereas it is an obligation upon her which she cannot unilaterally remove.