Is the *Zihar* made by a slave valid?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The *Zihar* of a slave is valid because his divorce is valid, similar to a free person. The generality of the verse concerning expiation applies to those who are capable of fulfilling it. The obligation of freeing a slave for expiation applies only to one who possesses the means, and in the case of someone unable, the obligation shifts to fasting, similar to the insolvent debtor. A counter-argument suggests the *Zihar* of a slave is invalid because of the verse requiring the freeing of a neck (Quran 4:92), and a slave does not own necks. This view is rebutted by the generality of the verse and by analogy with the validity of his divorce.
Supporting text
It is argued that the *Zihar* of a slave is invalid because the expiation requires freeing a slave (Quran 4:92), which a slave does not possess. Furthermore, it is argued that expiation (which is an act of worship requiring intention) is invalid for a slave, and thus the act leading to it (*Zihar*) is also invalid, similar to other acts of worship.