Zihar from one's wife if she does not go with him to the house
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Q: A dispute arose between one of the brothers and his wife over matters between them. The wife was residing in her parents' house following her childbirth. The husband asked her to return to their home, but the wife refused. He then said to her: "If you do not go with me now, you are forbidden to me as my mother is forbidden." She did not go with him. Two days later, reconcilers intervened and the wife agreed to go with her husband. Is he required to do anything regarding what he said? And if he is required to pay an expiation or something else, does she go with him or remain in her parents' house until he fulfills what is required of him by the ruling? Please advise us, and may Allah reward you.
A: Based on what was mentioned, the expiation for zihar is required; because his wife did not go with him at the time he swore that she would go with him. The expiation is freeing a slave. If he does not find one, then you fast for two consecutive months. If you are unable to do so, then you feed sixty poor people. As for your wife going with you before you expiate, there is no harm in it, on the condition that you do not touch her until you expiate, due to the saying of Allah the Exalted:[Al-Mujadila 58:3] .
A: Based on what was mentioned, the expiation for zihar is required; because his wife did not go with him at the time he swore that she would go with him. The expiation is freeing a slave. If he does not find one, then you fast for two consecutive months. If you are unable to do so, then you feed sixty poor people. As for your wife going with you before you expiate, there is no harm in it, on the condition that you do not touch her until you expiate, due to the saying of Allah the Exalted:
And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do.
وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِنْ قَبْلِ أَنْ يَتَمَاسَّا ذَلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.