What is the ruling on a man who pronounces zihar against his wife for a period of one week?
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The questioner : This questioner says: A man married a woman, and she did not give birth for a period of nearly a full year. After the year, the woman went for treatment to a female doctor, who informed her that she had a weakness in her hormones and advised her to take medication for three weeks. In the last week, during the follow-up, the doctor advised the husband to abstain from his wife for one week. After they returned home, he said to her in jest, meaning he said to his wife in jest, "You are to me like the back of my mother" for this week. Then he had intercourse with her on the sixth or seventh day. After a while, it became clear that the woman was pregnant, and the husband is now confused. What is the ruling in this case?
The Shaykh : It appears that by saying "You are to me like the back of my mother" for this week, he intended to emphasize what the doctor said, meaning that he would not approach her for this duration. However, he erred in this expression because Allah the Exalted said:[Al-Mujadila 58:2] Therefore, he must avoid this woman for a full week, as he himself specified. The scholars have mentioned that zihar is valid if limited to a specific time, meaning that he makes his wife forbidden to himself for this duration. When this duration ends, she becomes lawful to him again.
The questioner : Honorable Shaykh, the questioner mentions that he approached his wife on the sixth or seventh day.
The Shaykh : It depends on his intention; what did he intend by "the week"? He may have intended the remainder of the week, which would be less than six days. But if he intended the full week, it is seven days.
The questioner : So what is the ruling in that case?
The Shaykh : If that is the case, he has had intercourse with her while she was forbidden to him and he had made her like the back of his mother, so the kaffarah (expiation) is obligatory upon him.
The questioner : And the camel, because she is pregnant, he says.
The Shaykh : The son is his son; there is no doubt about that.
The presenter : May Allah reward you with good.
The Shaykh : It appears that by saying "You are to me like the back of my mother" for this week, he intended to emphasize what the doctor said, meaning that he would not approach her for this duration. However, he erred in this expression because Allah the Exalted said:
And indeed, they are saying an objectionable statement and a falsehood. But indeed, Allah is Pardoning and Forgiving.
وَإِنَّهُمْ لَيَقُولُونَ مُنكَرًا مِّنَ الْقَوْلِ وَزُورًا وَإِنَّ اللَّهَ لَعَفُوٌّ غَفُورٌThe questioner : Honorable Shaykh, the questioner mentions that he approached his wife on the sixth or seventh day.
The Shaykh : It depends on his intention; what did he intend by "the week"? He may have intended the remainder of the week, which would be less than six days. But if he intended the full week, it is seven days.
The questioner : So what is the ruling in that case?
The Shaykh : If that is the case, he has had intercourse with her while she was forbidden to him and he had made her like the back of his mother, so the kaffarah (expiation) is obligatory upon him.
The questioner : And the camel, because she is pregnant, he says.
The Shaykh : The son is his son; there is no doubt about that.
The presenter : May Allah reward you with good.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[16 من 30] ما حكم من يظاهر من زوجته لمدة اسبوع؟!! الشيخ محمد بن صالح العثيمين -مشروع كبارالعلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.