Must Zihar be specific to one's own wife to be valid and binding?
General Chapter
Al-Mughni
Book of Zihar
Primary text
The declaration of Zihar against a non-wife (ajnabiyyah) is valid, whether directed at a specific woman or generally, such as stating, 'Every woman I marry will be to me like the back of my mother.' If one declares Zihar upon a woman he later marries, he must perform the expiation before consummating the marriage with her. This is supported by a narration from Umar ibn al-Khattab and attributed to Sa'id ibn al-Musayyib, 'Urwah, 'Ata', al-Hasan, Malik, and Ishaq.
Supporting text
An alternative view, held by al-Thawri, Abu Hanifah, and al-Shafi'i, suggests that the ruling of Zihar does not take effect before marriage. This is inferred from Quran 58:3, "Those who forsake their wives [by saying to them your backs are to me] among their women," implying the ruling is restricted to one's existing wives. They argue that since Zihar is a binding oath restricted by Shariah to one's wives, it should not apply to a non-wife, similar to Ila' (oath of abstinence).