58.4. And he who findeth not (the wherewithal), let him fast for two successive months before they touch one another; and for him who is unable to do so (the penance is) the feeding of sixty needy ones. This, that ye may put trust in Allah and His messenger. Such are the limits (imposed by Allah); and for disbelievers is a painful doom. (Pickthall)
58.4. Und wer keinen findet, so gilt Fasten zweier Monate, aufeinander folgend, bevor sie beide einander berühren, und wer das nicht kann, so gilt Speisen von sechzig Annen, dies, damit ihr an Allah glaubt und Seinen Gesandten, und dies sind die Grenzen Allahs, und für die Glaubensverweigerer gibt es schmerzende Strafe. (Ahmad v. Denffer)
58.4. Wer aber keine (Möglichkeit dazu) findet, (der hat) zwei aufeinanderfolgende Monate (zu) fasten, bevor sie beide einander berühren. Wer (es) aber nicht kann, (der hat) sechzig Arme (zu) speisen. Dies, damit ihr an Allah und Seinen Gesandten glaubt. Dies sind Allahs Grenze (Bubenheim)
58.4. Wer keinen Leibeigenen findet, soll zwei Monate lang ununterbrochen fasten, bevor sie einander wieder berühren. Wer das nicht kann, soll sechzig Bedürftigen zu essen geben. Ihr sollt an Gott und an Seinen Gesandten glauben. Das sind Gottes Rechtsbestimmungen. Die Ungläubigen aber ziehen sich qualvolle Strafen zu. (Azhar)
58.4. Also wer dieses nicht vermag, so fastet er zwei aufeinander folgende Monate lang, bevor beide sich intim berühren. Und wer es nicht kann, dann speist er sechzig Arme. Dies, damit ihr den Iman an ALLAH und Seinen Gesandten verinnerlicht. Und diese sind ALLAHs Richtlinien. Und für die Kafir ist eine qualvolle Peinigung bestimmt. (Zaidan)
58.4. Und wenn einer keine Möglichkeit findet (einen Sklaven in Freiheit zu setzen), hat er (dafür) zwei aufeinanderfolgende Monate zu fasten. (Auch dies) ehe Mann und Frau den ehelichen Verkehr (wieder) aufnehmen. Wenn einer (auch) dazu nicht in der Lage ist, hat er sechzig Arme zu beköstigen. Dies (ist euch verordnet), damit ihr an Allah und seinen Gesandten glaubt. Das sind die Gebote Allahs. Die Ungläubigen aber haben (dereinst) eine schmerzhafte Strafe zu erwarten. (Paret)
58.4. Wer aber keine Möglichkeit (zur Freilassung eines Sklaven) findet, (soll) dann zwei Monate hintereinander fasten, bevor sie einander berühren. Und wer es nicht vermag, (soll) dann sechzig Arme speisen. Dies (soll so sein), damit ihr an Allah und Seinen Gesandten glaubt. Das sind die Schranken Allahs; und den Ungläubigen wird eine qualvolle Strafe zuteil sein. (Rasul)
Tafsir von Maududi für die Ayaat 1 bis 4
Allah ( 1 ) has indeed heard the words of the woman who is pleading with you concerning her husband and is making her complaint to Allah. Allah is hearing your mutual conversation ( 2 ) . He is All-Hearing, All-Seeing. Those of you who put away their wives by zihar ( 3 ) (should know that ) their wives are not their mothers. Their mothers are only those who gave them birth. ( 4 ) They utter a monstrous thing and a lie ( 5 ) And Allah is All-Pardoning, All Forgiving ( 6 ) . Those ( 7 ) who pronounce zihar with regard to their wives, then wish to go back on what they had said, ( 8 ) shall have to free a slave before the two touch each other. This you are advised to do, ( 9 ) and Allah is well aware of whatever you do. ( 10 ) And the one who does not find a slave, should fast two successive months before the two touch each other. And the one who is ' unable to do even this, should feed sixty needy ones. ( 11 )
Desc No: 1 Here, hearing does not merely imply hearing a complaint but also redressing the grievances
Desc No: 2 The translators generally have translated these sentences in the past tense, which tends to give the meaning that the woman had left after relating her complaint and the Holy Prophet (upon whom be Allah's peace) some time later might have received this Revelation. That is why Allah has said: We indeed heard what the woman said, who was pleading with you and complaining to Us, and We were at that time hearing the conversation of both of you." But in most of the traditions that have been reported in the Hedith about this incident, it has been stated that right at the rime when the woman was relating the zihar pronounced by her husband and complaining to the Holy Prophet to the effect that if she was separated from her husband, she and her children would be ruined, the state of receiving Revelation appeared on the Holy Prophet (upon whom be Allah's peace) and these verse's were sent down. On this basis we have preferred rendering these sentences in the present tense.
The lady concerning whom these verses were sent down was Khaulah bint-Tha`labah of the Khazraj tribe, and her husband, Aus bin Samit Ansari, was brother of Hadrat `Ubadah bin Samit, the chief of the Aus tribe. The story of the zihar upon her is related in detail below. What is worth mentioning here is that the incident of the lady's complaint being heard by Allah Almighty and the coming down of the Divine command immediately to redress her grievance was an event that earned her a place of honour and esteem among the Companions. Ibn Abi Hatim and Baihaqi have related that once Hadrat `Umar was on his way out with some companions. On the way he came across a woman, who stopped him; he immediately stopped and listened to what she had to say patiently with his head bent down, and did not move till she had finished. One of the companions said: 'O Commander of the Faithful, you held back the Quraish chiefs for so long for the sake of this old woman!" Hadrat `Umar said: "Do you know who she is ?She is Khaulah bint-Tha'labah, the lady whose complaint was heard at the seventh heaven. By God! even if she had kept me standing till the night, I would have kept standing; I would only have excused myself at the Prayer times." Ibn `Abdul Barr has related in Al-Isti ab this tradition from Qatadah: "When Hadrat `Umar came across this lady . on the way, he greeted her. After answering his greeting, she said, "Hey, O `Umar, there was a time when I saw you at the `Ukaz, festival. Then you were called `Umair. You tended goats with the shepherd's staff in your hand. Then, not very long after this, you began to be called `Umar. Then a time came when the people began addressing you as Commander of the Faithful. So, fear Allah with regard to your subjects, and remember that the one who fears Allah's punishment, for him the stranger also is like a close kinsman, and the one who fears death, may well lose that very thing which he wants to save.' At this, jarud 'Abdi, who was accompanying Hadrat `Umar, said: O woman, you have talked insolently to the Commander of the Faithful. " Thereupon Hadrat `Umar said: Let her say whatever she has to say. Do you know who she is?-She was heard at the seventh heaven. So, she deserves to be heard longer and with greater attention by 'Umar." Imam Bukhari also has related briefly a story resembling this in his History.
Desc No: 3 Among the Arabs it often so happened that during a family quarrel, the husband in the heat of the moment would say to his wife: Ant-i alayya ka-zahr-i ammi which literally means: "You are for me as the back of my mother." But its real meaning is: "To have sexual relations with you would be like having sexual relations with my mother. " Such words are still uttered by the foolish people, who, as the result of a family quarrel, declare the wife to be like their mother, or sister, or daughter, and make her unlawful for themselves like the prohibited women. This is called zihar. Zahr in Arabic is metaphorically used for riding and mounting. Thus, the begat of conveyance is called zahr, because man rides on its back. As this word was employed in order to make the wife unlawful the formula was termed 'zihar". In the pre-Islamic days this was looked upon as tantamount to the pronouncement of divorce, even of greater effect than that, for they took it to mean that the husband was not only severing his marital relations with his wife but was also declaring her to be unlawful for himself like his mother. On this very basis, the Arabs thought reunion could be possible after a divorce but it was impossible after zihar
Desc No: 4 This is Allah's first decision concerning zihar It means that if a person shamelessly compares the wife to his mother, his this utterance does not make his wife his mother, nor is she endowed with the sanctity that the mother enjoys. The mother's being mother is an actual fact, for she has given birth to the man. On this very ground, she is eternally sacred and prohibited. Now, how will the woman who has not given him birth become his mother simply by a word of mouth, and how will sanctity and prohibition be established for her by reason, morality and law which, by virtue of this actual fact, is only reserved for the mother who gave birth? Thus, Allah by this condemnation abolished the custom of the pre-Islamic ignorance according to which the marriage contract between the husband pronouncing zihar and the wife stood dissolved and she became absolutely forbidden _for him like the mother
Desc No: 5 That is, "'TO liken the wife to the mother is, in the first place, an absurd and shameful thing which no noble person should ever think of, not to speak of uttering it with the tongue. Secondly, it is also a falsehood, for if the one who says such a thing is giving the news that his wife has now become his mother for him, he is uttering falsehood, and if he is declaring that he has henceforth bestowed on his wife the sanctity of the mother, even then his claim is false, for God has not given him the authority that he may treat a woman as his wife as long as he likes and then start treating her as his mother as and when he likes. The lawgiver is Allah Almighty, not he, and Allah has included in the order of motherhood the grandmothers, both paternal and maternal, mother-in-law, fastermother and the wives of the Holy Prophet (upon whom be Allah's peace) along with the woman who gave birth. Nobody has the right to include of his own whim another woman in this order, not to speak of the woman who has been his wife. This gives the second legal injunction. To pronounce zihar is a grave sin and forbidden act, the violation of which deserves to be punished.
Desc No: 6 That is, ' Such an utterance actually deserves to be punished much more severely, but it is Allah's kindness that He has, firstly, abolished the custom of ignorance and saved your family life from utter ruin, and secondly, has prescribed the lightest punishment for the culprits. And His supreme kindness is that the punishment too, is not any form of physical torture or imprisonment, but a few acts of worship and virtue, which arc meant to reform you and help spread good in your society." In this connection, one should also understand that the acts of worship that have been prescribed by Islam as expiations for certain crimes and sins are neither mere punishments that they.may be without the spirit of worship, nor mere acts of worship that they m. y entail no pain and suffering of the punishment. Hut both the aspects have been combined in them so that the culprit may experience pain as well as expiate his sin by means of perfoming a virtue and act of worship.
Desc No: 7 From here begins the statement of the legal injunctions concerning zihar. To understand this, it is necessary that one should keep in mind the incidents of zihar that took place in the time of the Holy Prophet (upon whom be Allah's peace), for the code of law pertaining to zihar is derived from the verses and the judgements that the Holy Prophet gave after the revelation of these verses in the cases of zihar brought before him. According to Hadrat `Abdullah bin `Abbas, the first case of zihar in Islam was the one relating to Aus bin Samit Ansari, on whose wife Khaulah's complaint Allah aeM down these verse:. Although the details of this case that the traditionists have cited from several reporters contain minor differences, yet the elements of legal import and significance are almost agreed upon. A resume of these traditions is as follows: Hadrat Aus bin Samit had grown a little peevish in old age and according to Some traditions, had also developed an ailment resembling insanity. The reporters have described it by the word lamam which is not exactly madness in Arabic but a state resembling it. In this state he had also pronounced zihar on his wife several times before, but in Islam this was the first occasion that he pronounced it as the result of a quarrel with her. Thereupon, his wife appeared before the Holy Prophet (upon whom be Allah's peace) and relating the whole story to him, said: "O Messenger of Allah: Is there any way out of this situation that could save me and my children from ruin?" The Holy Prophet's reply has been reported in different words by different reporters. In some traditions the words are to the effect: "No command has been given to me so far in this regard," and in some others the words are: "In my opinion you have become unlawful to him," and in still others: "You arc unlawful to him." At this, she began to cry and complain and told the Holy Prophet over and over again that her husband had not pronounced the words of divorce; therefore, he should suggest a way by which she and her children and her old husband's life could be saved from ruin. But the Holy Prophet gave her the same reply every time. In the meantime he underwent the state of receiving revelation and these verses were revealed. After this, he said to her (and according to other traditions, he called her husband and told him) to free a slave. When they expressed their inability to do so, he said that the husband would have to observe two months' fast consecutively. She said: "Aus is such a man that unless he cats and drinks three times a day, his sight starts failing him. " The Holy Prophet said, "Then, you will have to feed 60 poor people. " They submitted that they did not have the means for that unless they were helped out by him. Thereupon the Holy Prophct gave them food articles that could suffice 60 men for two meals. Different quantities of it have been mentioned in different traditions. According to some traditions Hadrat Khaulah herself gave to her husband food articles equal in quantity to those given by the Holy Prophct so that he may perform the expiation. (Ibn Jarir, Musnad Ahmad Abu Da'ud, Ibn Abi Hatim).
The second incident of zihar relates to Salamah bin Sakhr Bayadi. He had a somewhat abnormal appetite for sex. When the fasting month of Ramadan came, he, fearing that he might lose self-control in daytime in the state of fasting, pronounced zihar on his wife till the end of Ramadan. Hut he could not adhere to his pledge and went in to his wife one night. Penitent he appeared before the Holy Prophet (upon whom be Allah's peace) and told him what he had done. He told him to release a slave. He said he had no one else beside his wife, whom he could release. The Holy Prophct then told him to observe two months' consecutive fast. He replied that it was during obligatory fasting itself that he had been unable to control himself and had become involved in trouble. The Holy Prophct then said that he should feed t50 poor people, He replied that they were poor themselves and had gone to bed at night without food. Thereupon the Holy Prophet got him a sufficient quantity of food articles from the colloctor of the zihar of Bani Zurayq so that he may feed 60 persons and may also save some thing for his children. (Musnad Ahmad, Abu Da'ud. Tirmadhi
The third incident that has been related without any reference to the name is that a man pronounced zihar on his wife and then had sexal intercourse with her even before making the expiation Then, when he came to the Holy Prophet to ask for the legal verdict, he commanded him to abstain from her till he had made the expiation. (Abu Da'ud, Tirmidhi, Nasa i Ibn Majah).
The fourth incident is that the Holy Prophet (upon whom be Allah's peace) himself heard a man calling his wife as sister. Thereupon he said to him angrily: "Is she your sister?" But he did not regard it as ,zihar,. (Abu Da'ud).
These four are the reliable incidents that have been related in the Hadith through authentic channels, and through them only can one adequately understand the Qur'anic injunctions that have been laid down in the following verses.
Desc No: 8 Literally: "that they return to that which they said," but in view of the Arabic language and idiom great differences have octurred in determining the meaning of these words:
Their one meaning can be: "If they repeat the words of zihar after they have uttered them once. " The Zahiriyyah and Bukair bin al-Ashajj and Yahya bin Ziyad al-Farm' hold this very view, and a saying from `Ata' bin Abi Rabah also has been reported in support of the same. According to-them, the pronouncement of zihar once is forgiven; however, if a person repeats it, he becomes liable to make the expiation. Hut this commentary is expressly wrong for two reasons: first, that Allah has condemned zihar as an absurd thing and a falsehood and then prescribed a penalty for it. Now, it is not conceivable that if a man utters falsehood or absurdities oncc he should be excused and if he utters it the second time he should make himself liable to punishment. The second reason of its being wrong is that the Holy Prophet (upon whom be Allah's peace) never asked the man pronouncing zihrir whether he had pronounced it once or twice.
Its second meaning is "If the people who were used to uttering zihar in the pre islamic days of ignorance, repeat it in Islam, they will incur this punishment." This would mean that zihar should by itself be liable to punishment, and who ever utters the words of zihar for his wife, should become liable to make the expiation whether he may divorce the wife after it, or his wife may die; or he may have no intention of resuming conjugal relations with his wife. This view is hold by Ta-us Mujahid, Sha'bi, Zuhri, Sufyan Thauri and Qatadah from among the jurstis They say that if the woman dies after the zihar, the husband cannot inherit her unless he made: the expiation. The third meaning is: "If after uttering the words of zihar the man may wish to go back on his words and makr amends for what he said " In other words, 'ada lima gala means that the man revoked what he had said.
The fourth meaning is: "If the man may wish to make lawful what he had made unlawful for himself by pronouncing the zihar " In ocher words, it would mean that the person who had made a thing unlawful for himself has now returned to make it law ful views.
Most of the jurists have preferred and adopted one of these last two
Desc No: 9 In other words: "This you are being enjoined for your own correction and admonition so that the members of Muslim society may give up this evil custom of ignorance and none of you may commit this folly. If you have to quarrel with your wife, you may quarrel with her like good people; if you intend to divorce her, then you should divorce her gracefully. It is absurd that you should compare her to your mother and sister whenever you have a quarrel with her. "
Desc No: 10 That is, "Allah will certainly know, even if nobody else does, if a person pronounces zihar, and then quietly resumes normal conjugal relations with his wife without first atoning for the offence. Such people cannot in any way escape Allah's punishment. "
Desc No: 11 This is the Divine commandment in respect of zihar. The following arc the details of the law that the Jurists of Islam have derived from the words of this verse, the judgements of the Holy Messenger of Allah (upon whom be Allah's peace and blessings) and the general principles of Islam.
(1) This law of zahir abrogates the Arabian custom of ignorance according to which the marriage contract stood annulled and the woman became permanently forbidden to the husband. Likewise, this law annuls all those laws and customs which regard zihar as a meaningless custom, which is of no legal effect, and permit man to continue having marital relations with his wife as usual even after having compared her to his mother and other prohibited relations. For in the sight of Islam the sanctity of the mother and other prohibited relations is not such an ordinary thing that a man may even think of the comparison between them and his wife, not W speak of uttering it with the tongue. Between the two extremes the position adopted by the Islamic law in this regard is based on three principles: (a) That the marriage contract is not annulled by zihar, but the woman continues to be the hasban's wife as usual, (b) that the woman becomes only temporarily prohibited to the man by zihar, and (c) that this prohibition operates till the time that the husband makes the expiation, and that the expiation only can remove the prohibition
(2) As for the person pronouncing zihar, it is agreed that the zihar of that husband is only reliable, who is of sound mind and mature age and pronounces the words of zihar in his right senses; the ,zihar of the child or of the insane person is not reliable. Moreover, the zihar of the person who might not be in his right senses at the time of pronouncing its words is also not reliable, e.g. if he mutters words during sleep, or is senseless, due to any reason. However, the jurists have differed on the following points:
(a) About -the person who pronounces zihar in the state of intoxication a great majority of them including the four Imams have given the verdict that since he has intentionally used the intoxicant, his zihar, like his divorce, will be regarded as valid legally, for he has undergone this state deliberately. However, if he has taken a medicine on account of illness and has been intoxicated, or has been compelled to take wine in intense thirst in order to save life, his zihar and divorce pronounced in that state will not be enforced. This very view is held by the Hanafis and the Shafe`is and the Hanbalis and the same also was the view commonly held by the Companions of the Holy Prophet. Contrary to it, Hadrat `Uthman held the view that the zihar and divorce pronounced in the state of intoxication are not reliable. Imam Tahawi and Karkhi from among the Hanafis hold this view as preferable and a statement of Imam Shafa' i also supports it. According to the MalikIs the zihar pronounced in the state of intoxication will be reliable in case the person concerned has not wholly lost his senses, but talks sensibly and coherently and knows what he is saying.
(b) According to Imam Abu Hanifah and Imam Malik, only the zihar of the husband who is a Muslim is reliable. These injunctions do not apply to the non-Muslim subjects of the Islamic state, for the Qur'anic words: Alladhina yazahiruna minkum: "those from among you who put away their wives by zihar, have been addressed to the Muslims, and the fasting, which is one of the three kinds of the expiations prescribed in the Qur'an, obviously cannot be applicable to the non-Muslim subjects. According to Imam Shafe`i and Imam Ahmad, these injunctions will be applicable both to the Muslims and to the non-Muslims; however, there is no fasting for the non-Muslim subject: he may only free a slave or feed 60 poor.
(c) Can a woman also, like a man, pronounce zihar? For instance will it be zihar if she says to her husband: `You are'for me as my father, or I am for you like your mother? " The four Imams say that this is not ,zihar and , the legal injunctions of zihar do not apply to it at all. For the Qur'an in express words has laid down these injunctions in respect of the cases , where the husbands pronounce zihar on their wives, and the authority to pronounce zihar, can be held only by him who holds the authority to pronounce divorce. Just as the Shari'ah not given the woman the power to divorce the husband, so also it has not given her the power to make her own self unlawful to her husband. This same is the view of Sufyan Thauri, Ishaq bin Rahawaiyh, Abu Thaur and Laith bin Sa'd. They regard such a pronouncement by a woman as meaningless and without effect Imam Abu Yusuf. says that though this is not ,zihar, it will entail for the woman the atonement of the oath, for the pronouncement of such words by the woman means that she has sworn not to have marital relations with her husband. This same is the view of Imam Ahmad bin Hanbal as cited by Ibn Qadamah. Imam Auza'i says that if before marriage the woman said that if she marred a particular man he would be for her as her father, it would be .zihar, and if she says such a thing after marriage it would be in the nature of an oath, which would entail the atonement for the oath. Contrary to it, Hasan Basri, Zuhri, Ibrahim Nakha'i and Hasan bin Ziyad Lu'lu'i say that this is zihar and will entail the expiation prescribed for zihar by the woman; however, the woman will not have the right to prevent the husband from coming in to her before making the expiation. Ibrahim Nakha`i has cited this incident in support of this view. Mus'ab, son of Hadrat Zubair, sent a proposal of marriage to 'A'ishah bint Talhah. She turned down the proposal, saying: "If I marred him, he would be for me as the back of my father (huwa `alayya ka-zahr-i abi). " After some time, she became willing to marry him. When the jurists of Madinah were asked for their ruling on it, many jurists including several Companions of the Holy Prophet ruled that 'A'ishah would have to make an expiation for the zihar. After citing this incident Ibrahim Nakha'i has expressed his own opinion, saying that if 'A'ishah had said this thing after the marriage it would not have entailed the expiation. But since she said this before marriage when she had the option to marry, or not to marry, the expiation became obligatory on her.
(3) The excuse of a sensible and mature person, who pronounces the express words of zihar in his full senses, cannot be acceptable that he uttered the words in a state of anger, or in jest, or in lout, or that he had no intention of the zihar. However, in respect of the.words which are not express in this regard, and which can give different meanings, the injunction will vary according to their nature. Below we shall tell what words of zihar arc express and what words are not express.
(4) It is agreed upon by all that zihar can be pronounced on the woman who is a wedded wife of the man. However, there is a difference of opinion whether zihar can be pronounced on the other woman also or not. In this matter, the following are the different viewpoints:
The Hanafis say that if a man says to the other woman: "If I marry you, you will be for me as the back of my mother," then whenever he marries her, he will not be allowed to touch her without first making the expiation. This same is the verdict of Hadrat 'Umar. During his caliphate a man said such words to a woman and afterwards married her. Hadrat 'Umar ruled that he would have to make the expiation for the zihar.
The Malikis and the Hanbalis also have expressed the same opinion, and they add this to it: If the woman was not specified, but the man said words to the effect that all women were for him like that, then whichever woman he married, he would have to make the expiation before touching her. The same is the opinion of Sa'id bin al-Musayyab, 'Urwah bin Zubair, 'Ata' bin Abi Rabah, Hasan Basri and Ishaq bin Rahawaiyh.
The Shafe'is say that zihar before marriage is meaningless. Ibn 'Abbas and Qatadah also hold the same opinion.
(5) Can zihar be pronounced for a fixed term? The Hanafis and the Shafe`is say that if a man has pronounced zihar for a certain period of time, he will have to make the expiation if he touches the wife before the expiry of that time; however, the zihar will become ineffective when the time has elapsed. Its argument is the incident concerning Salamah bin Sakhr Bayadi, who had pronounced zihar upon his wifc for the month of Ramadan, and the Holy Prophet (upon whom be Allah's peace) did not tell him that the fixation of the time limit was meaningless. On the contrary, Imam Malik and Ibn Abi Laila say that whenever zihar is pronounced it will be for ever and the specification of time will be of no effect, for the prohibition that has occurred cannot become void of its own accord on the expiry of the time.
(6) If the zihar is conditional, expiation will become incumbent whenever the condition is violated. For instance, if a man says to his wife: "If I enter the houses you will be to me as the back of my mother," then whenever he enters his house, it will be unlawful for him to touch his wife without first making-the expiation.
(7) In case the words of zihar, arc repeated several times to a wifc, the Hanafis ant the Shafe`is say that whether this is done in one sitting or in several sittings, it will entail as many expiations as the number of the times the word were repeated, unless the man might have repeated the words only to stress what he had said before. Contrary to this, Imam Malik and lmam Ahmad bin Hanbal say that no matter how often the wards are repeated, it will entail only one expiation. The same is the view of Sha`bi, Ta'us, `Ata` bin Abi Rabah Hasan Basri and Auza`i (may Allah show mercy to all of them). Hadrat 'All's ruling is that if the repetition is made in one sitting, there will be only one expiation, and if in different sittings, then there will be as many expiations as the number of the sittings in which the repetition was made. The same is the view of Qatadah ant 'Amr bin Dinar.
(8) If zihar is pronounced upon two or more wives simultaneously in one and the same set of words, e.g. if addressing them the husband says: ¦You are to me as the back of my mother," the Hanafis and the Shafe`is say that separate expiations will have to be made to make each of them lawful. The same is the opinion of Hadrat `Umar, Hadrat `Ali, `Urwah bin Zubair, Ta'us, `Ata, Hasan Basri, Ibrahim Nakha`i, Sufyan Thauri and Ibn Shihab Zuhri. Imam Malik and Imam Ahmad say that in this case one and the same expiation will suffice for all. Rabi`ah, Auza`i, Ishaq bin Riihawaiyh and Abu Thaur also have expressed the same opinion.
(9) It is agreed upon by all that if a man repeats ,zihar, again after making expiation for it once, the wife will not be lawful to him unless he makes another expiation
(10) Although it is sinful, according to the four Imams, to establish marital relations with the wife before malting the expiation, and the man should ask for Allah's forgiveness for it, and should refrain from repeating such a thing, yet it will entail only one expiation. The Holy Prophet (upon whom be Allah's peace) had exhorted the people who had committed such an offence in his time to implore Allah for forgiveness and not to touch the wife unless they had made the expiation, but he did not enjoin any additional expiation besides the expiation for zihar Hadrat `Amr bin `As, Qabisah bin Dhu'aib, Sa'id bin Jubair, Zuhri and Qatadah say that it will entail two expiations, and Hasan Basri and Ibrahim Nakha'i have given the opinion that this will entail three expiations, Probably the Ahadith in which the Holy Prophet gave his ruling on this matter did not reach these scholars.
(11) As to comparison of the wife to whom would be zihar, the jurists have expressed different views:
'Amir Sha'bi says that her comparison to the mother only is zihar, and the Zahiriyyah say that her comparison only to the mother's back is zihar, for the injunction dces not supply to anything else. No section of the Islamic jurists, however; agrees with them in this regard, for the reason given by the Qur'an of the wife's comparison to the mother being sinful is that it is absurd and a lie. Now, obviously comparison of the wife to the women whose sanctity is just like the mother's would be as absurd as it is in the case of the mother Therefore, there is no reason why the commandment in that case should not be the same as in the can of the comparison to the mother.
The Hanafis say that in this command are included all those women, who are permanently prohibited to man on the basis of lineage, fosterage, or marital relationship, but the women who may only be temporarily prohibited and can become lawful at any time, are not included in this, e.g. the wife's sister, her maternal and paternal aunts, or another woman, who is not the men's wedded wife. It will be zihar if comparison is made with such a part of the permanently prohibited woman's body as is forbidden for men to look at. However, it will not be ,zihar if comparison is made of the wife's hand, foot, head, hair, tooth, etc. to the back of a permanently prohibited woman, or of the wife to her head, hand, foot, etc. for it is not unlawful to look at these parts of the mother's or sister's body. Likewise, to say to the wife: "Your hand is like my mother's hand, or your foot is like my mother's foot," is not zihar.
The Shafe`is say that in this command are included only those women, who were, and are, permanently prohibited, i.e. mother, sister, daughter etc. but this does not include those women, who may have been lawful at some time, e.g.. the foster-mother, foster-sister, mother-in-law and daughter-in-law, or those who may become lawful at nay time, e.g. the wife's the wife's sister. Apart from these temporarily prohibited women, it will be zihar to compare the wife to such parts of the permanently prohibited woman's body as are not normally mentioned out of reverence and respect, As for those parts which are mentioned out of reverence and respect, it will be zihar to make a comparison with them only in case this is done with the intention of zihar; for instance, if a man says to his wife: "Your are to me like my mother's eye or life, or like my mother's hand, foot or belly," or he compares the wife's belly, or breast, with the mother's belly, or breast, or says that the wife's head, back or hand is to him as his mother," it will be zihar if said with the intention o
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