Is the *Zihar* made by a non-Muslim (Dhimmi) valid?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The *Zihar* of a *Dhimmi* (non-Muslim subject) is valid. This is supported by the analogy that if his divorce is valid, his *Zihar* is also valid, similar to a Muslim. This aligns with the position of Imam Al-Shafi'i.
Supporting text
Malik and Abu Hanifa hold that the *Zihar* of a *Dhimmi* is invalid because the expiation required of him is invalid, and since the expiation removes the prohibition, the prohibition itself cannot be established by him. They argue that expiation, being an act of worship requiring intention, is invalid for him, just as other acts of worship are.