Is the rule that if the general nature of an act is permissible, then it has a valid expiation?
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The Shaykh : Abdullah.
The questioner : Is the rule that if the general nature of an act is permissible, then it has a valid expiation?
The Shaykh : What?
The questioner : I say that if the ... original state is permissible, then there is an expiation.
The Shaykh : Yes. Yes, as a precaution against, for example, false accusation of adultery; there is no expiation for false accusation of adultery, and there is no expiation for backbiting.
The questioner : ...
The Shaykh : Yes.
The questioner : Zihar ...
The Shaykh : What?
The questioner : Zihar does not apply ...
The Shaykh : No, this does not apply to that. Zihar is the one that fits the rule exactly, because zihar is likening a man’s wife to one who is forbidden to him by a permanent prohibition. So, because he associated the most permissible of things with the most forbidden of things, there is a type of lying in it, and for this reason He said:[Al-Mujadila 58:2].
The questioner : The rule, O Shaykh.
The Shaykh : Yes.
The questioner : The rule.
The Shaykh : The rule is that what is divided into lawful and unlawful is what is subject to validity and invalidity. As for absolute prohibition, it is not subject to validity and invalidity; it is invalid in all cases.
The questioner : The expiation.
The Shaykh : Yes?
The questioner : The expiation.
The Shaykh : The expiation has no bearing on this; it may be with lawful things. Is not breaking an oath sometimes required, and yet there is an expiation for it? But a thing that is valid and invalid cannot be described as valid and invalid unless part of it is lawful, meaning it is divided into lawful and unlawful. For this reason, when it was said to you: "If you say that divorce during menstruation is forbidden and invalid," they brought up zihar as a counter-argument, saying: "It is forbidden, and yet it is valid, and the expiation is obligatory upon him." The answer is that divorce has a permissible part and a forbidden part, unlike zihar, which is entirely forbidden. Yes.
The questioner : Is the rule that if the general nature of an act is permissible, then it has a valid expiation?
The Shaykh : What?
The questioner : I say that if the ... original state is permissible, then there is an expiation.
The Shaykh : Yes. Yes, as a precaution against, for example, false accusation of adultery; there is no expiation for false accusation of adultery, and there is no expiation for backbiting.
The questioner : ...
The Shaykh : Yes.
The questioner : Zihar ...
The Shaykh : What?
The questioner : Zihar does not apply ...
The Shaykh : No, this does not apply to that. Zihar is the one that fits the rule exactly, because zihar is likening a man’s wife to one who is forbidden to him by a permanent prohibition. So, because he associated the most permissible of things with the most forbidden of things, there is a type of lying in it, and for this reason He said:
And indeed, they are saying an objectionable statement and a falsehood.
وإنهم ليقولون منكرا من القول وزوراThe questioner : The rule, O Shaykh.
The Shaykh : Yes.
The questioner : The rule.
The Shaykh : The rule is that what is divided into lawful and unlawful is what is subject to validity and invalidity. As for absolute prohibition, it is not subject to validity and invalidity; it is invalid in all cases.
The questioner : The expiation.
The Shaykh : Yes?
The questioner : The expiation.
The Shaykh : The expiation has no bearing on this; it may be with lawful things. Is not breaking an oath sometimes required, and yet there is an expiation for it? But a thing that is valid and invalid cannot be described as valid and invalid unless part of it is lawful, meaning it is divided into lawful and unlawful. For this reason, when it was said to you: "If you say that divorce during menstruation is forbidden and invalid," they brought up zihar as a counter-argument, saying: "It is forbidden, and yet it is valid, and the expiation is obligatory upon him." The answer is that divorce has a permissible part and a forbidden part, unlike zihar, which is entirely forbidden. Yes.