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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a man pronounces zihar against his wife and remains separated from her, refusing to pay the expiation despite his ability to do so, does the divorce take effect between them?

Machine translationRead the Arabic original
The questioner : So, it was incumbent upon him, may I benefit from this, it was incumbent upon him. If this is zihar, the man refuses to mean he refuses the expiation, which is fasting, despite being able to afford it, and he says to her, "You stay as you are, and I will stay as I am." So, does that mean if he remains separated from her, does the divorce take effect on him and separate them? If the divorce takes effect and he wants to take her back after the divorce, does the zihar remain counted against him? This was his question.The Shaykh : We have established from the start that it is not zihar.
The student : This question indicates that if a man actually says, "You are to me as the back of my mother," then the expiation becomes incumbent upon him. If he is like this man, who is slow-witted.

The questioner : Yes, let us benefit from this; we have not been forbidden from doing so.
The student : Yes, my Shaykh.

The Shaykh : I do not want to think about something that has not happened.

The questioner : This is a real situation, my Shaykh, that occurs among people.

The Shaykh : It is not a real situation, my brother. May Allah guide you. The zihar is real, but whether these consequences follow or not is not real.

The questioner : ... .

The Shaykh : When we are asked this question, we will answer that the zihar is real, but these arrangements have not yet been asked of us. What is the second question?
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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