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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Difference Between Divorce and Zihar

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Question:
May Allah reward you. This questioner asks: What is the difference between divorce and zihar?

Answer:
Zihar is an oath; zihar is an oath that incurs expiation. As for divorce, it is not an oath; it is merely a release of her. This is the difference between the two. Zihar is an oath that incurs expiation, as Allah says:
And those who pronounce thiharوَالَّذِينَ يُظَاهِرُونَ
[Al-Mujadila 58:3]
from among you
from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slaveمِن نِّسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ
[Al-Mujadila 58:3]
to the end of the verses. Since Allah has established an expiation for it, it is an oath, unlike divorce, which is a dissolution; it is a dissolution of the marriage contract. As for zihar, it is not a dissolution of the marriage contract; the contract is invalid, but he is only required to pay the expiation.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/119 شرح زاد المستقنع/ صالح الفوزان — youtube.com (43:53)

The Arabic text is a machine transcription of the audio recording.

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