The ruling on one who has intercourse with his wife before fulfilling the expiation for zihar
Machine translationRead the Arabic original
Question:
This is the first message in our session today, from the listener: Husayn 'Ali Muhammad al-Yamani, residing in Riyadh. He says: A dispute occurred between me and my wife, and my anger intensified, so I said to her: "I have made you like my mother and my kin." I had asked some scholars about this, and they said: It is obligatory for you to pay the expiation for zihar. However, I was unable to do any of it; I only fed six poor people. Then I contacted my wife afterwards, and she is now with me. What is your opinion in this matter?
Please advise us, and may Allah guide you.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Saying to a woman: "You are forbidden to me," or "You are like my mother," or "You are like my sister," or the like, is not permissible. This is because Allah (Exalted and Majestic is He) has forbidden zihar from her, and likening her to a mother or a sister. The Exalted mentioned that it is an abominable statement and a lie. Therefore, it is not permissible for a Muslim to say to his wife: "You are like my mother," or "You are forbidden to me like my mother," or "Like my sister," or "Like the back of my mother." All of this is not permissible. It is obligatory for him to guard his tongue from such things. Allah the Exalted said: [Al-Mujadilah: 3]. Thus, He (Exalted and Majestic is He) clarified that the one who commits zihar has specific rulings. It is obligatory for the believer to adhere to the ruling of Allah (Exalted and Majestic is He) and not be lenient in the rulings.
If he says this and wishes to return to her and go back to her, then he owes an expiation that our Lord (Glorified and Exalted is He) specified in His saying (Glorified and Exalted is He) :[Al-Mujadila 58:3]“But whoever cannot find [a slave to free] then two consecutive months of fasting before they touch each other. But whoever is unable [from illness or the like] then feeding sixty poor people. That is to make you fear Allah and His Messenger” [Al-Mujadilah: 3-4].
The believer is bound by the ruling of Allah and His Messenger, and does not rush, nor does he be lenient. If anger or a quarrel occurs, it is obligatory for him to be careful in matters, seek refuge in Allah from Shaytan, and not rush into a matter that harms him. Indeed, proceeding with what Allah has forbidden is among the sins that harm the servant and cause the anger of Allah (Glorified and Exalted is He) . Divorce likewise may lead him to consequences that are not praiseworthy. So he should not rush in divorce, but rather he should be careful in matters, avoid haste, and seek refuge in Allah from Shaytan when a dispute or quarrel arises.
This man who has forbidden his wife to himself is required to free a slave, meaning: either a male slave or a female slave. If that is not facilitated, then he fasts two consecutive months before he connects with her—before he has intercourse with her. If he is unable to do that, he feeds sixty poor people, not six, but he must feed sixty poor people, as Allah has commanded this (Glorified and Exalted is He) . Feeding them is by providing them dinner, or breakfast, or giving each one half a sa' (a dry measure of about 3 kg) of the staple food of the land, whether dates, rice, wheat, or corn, from the staple food of his land, before he touches her. This is the meaning of: [Al-Mujadilah: 4], meaning: before he connects with her and has intercourse with her.
The questioner has erred in having intercourse with her before completing the expiation. So you, O questioner, must refrain from her and abstain from intercourse with her until you complete the obligatory expiation. If you are unable to fast two consecutive months, then you complete the feeding. You fed six, so fifty-four remain for you. You must feed fifty-four poor people, along with the six, so that the total is sixty poor people. You give each one half a sa', which is approximately one and a half kilograms of wheat, or dates, or rice, or the staple food of your land. If your land has corn, then from the corn, until you complete the sixty. The amount of this by weight is approximately one and a half kilograms. When you have completed that, it is permissible for you to come to her. And you must repent to Allah for what you did. You must repent to Allah (Glorified and Exalted is He) for approaching her. You must repent to Allah (Glorified and Exalted is He) for that, for your approaching her before the expiation is a sin. So you must repent to Allah (Glorified and Exalted is He) for that, and you must complete the expiation by feeding fifty-four poor people, each one given half a sa' of dates, or other staple food of the land. This is if you are unable to fast. After all of this, your wife is lawful to you, and you must repent to Allah, feel remorse for what you did, and seek forgiveness, like other sins. Yes.
The presenter: If he wants to feed them as you mentioned, by providing them breakfast or dinner, is it permissible for him to feed them in installments, for example?
The Shaykh: There is no harm, there is no blame in separating them.
The presenter: It is not obligatory, it is not obligatory to feed them all at once.
The Shaykh: It is not obligatory to gather them all together. If he provides breakfast for ten at one time, and twenty at another time, or five, or six, until he completes them, yes.
The presenter: May Allah reward you with good.
This is the first message in our session today, from the listener: Husayn 'Ali Muhammad al-Yamani, residing in Riyadh. He says: A dispute occurred between me and my wife, and my anger intensified, so I said to her: "I have made you like my mother and my kin." I had asked some scholars about this, and they said: It is obligatory for you to pay the expiation for zihar. However, I was unable to do any of it; I only fed six poor people. Then I contacted my wife afterwards, and she is now with me. What is your opinion in this matter?
Please advise us, and may Allah guide you.
Answer:
In the name of Allah, the Most Gracious, the Most Merciful.
Praise be to Allah, and may Allah send blessings and peace upon the Messenger of Allah, upon his family and his Companions, and upon those who follow his guidance. As for what follows:
Saying to a woman: "You are forbidden to me," or "You are like my mother," or "You are like my sister," or the like, is not permissible. This is because Allah (Exalted and Majestic is He) has forbidden zihar from her, and likening her to a mother or a sister. The Exalted mentioned that it is an abominable statement and a lie. Therefore, it is not permissible for a Muslim to say to his wife: "You are like my mother," or "You are forbidden to me like my mother," or "Like my sister," or "Like the back of my mother." All of this is not permissible. It is obligatory for him to guard his tongue from such things. Allah the Exalted said:
And those who pronounce thihar from their wives and then [wish to] go back on what they said
وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُواIf he says this and wishes to return to her and go back to her, then he owes an expiation that our Lord (Glorified and Exalted is He) specified in His saying (Glorified and Exalted is He) :
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 The believer is bound by the ruling of Allah and His Messenger, and does not rush, nor does he be lenient. If anger or a quarrel occurs, it is obligatory for him to be careful in matters, seek refuge in Allah from Shaytan, and not rush into a matter that harms him. Indeed, proceeding with what Allah has forbidden is among the sins that harm the servant and cause the anger of Allah (Glorified and Exalted is He) . Divorce likewise may lead him to consequences that are not praiseworthy. So he should not rush in divorce, but rather he should be careful in matters, avoid haste, and seek refuge in Allah from Shaytan when a dispute or quarrel arises.
This man who has forbidden his wife to himself is required to free a slave, meaning: either a male slave or a female slave. If that is not facilitated, then he fasts two consecutive months before he connects with her—before he has intercourse with her. If he is unable to do that, he feeds sixty poor people, not six, but he must feed sixty poor people, as Allah has commanded this (Glorified and Exalted is He) . Feeding them is by providing them dinner, or breakfast, or giving each one half a sa' (a dry measure of about 3 kg) of the staple food of the land, whether dates, rice, wheat, or corn, from the staple food of his land, before he touches her. This is the meaning of:
before they touch one another
مِنْ قَبْلِ أَنْ يَتَمَاسَّاThe questioner has erred in having intercourse with her before completing the expiation. So you, O questioner, must refrain from her and abstain from intercourse with her until you complete the obligatory expiation. If you are unable to fast two consecutive months, then you complete the feeding. You fed six, so fifty-four remain for you. You must feed fifty-four poor people, along with the six, so that the total is sixty poor people. You give each one half a sa', which is approximately one and a half kilograms of wheat, or dates, or rice, or the staple food of your land. If your land has corn, then from the corn, until you complete the sixty. The amount of this by weight is approximately one and a half kilograms. When you have completed that, it is permissible for you to come to her. And you must repent to Allah for what you did. You must repent to Allah (Glorified and Exalted is He) for approaching her. You must repent to Allah (Glorified and Exalted is He) for that, for your approaching her before the expiation is a sin. So you must repent to Allah (Glorified and Exalted is He) for that, and you must complete the expiation by feeding fifty-four poor people, each one given half a sa' of dates, or other staple food of the land. This is if you are unable to fast. After all of this, your wife is lawful to you, and you must repent to Allah, feel remorse for what you did, and seek forgiveness, like other sins. Yes.
The presenter: If he wants to feed them as you mentioned, by providing them breakfast or dinner, is it permissible for him to feed them in installments, for example?
The Shaykh: There is no harm, there is no blame in separating them.
The presenter: It is not obligatory, it is not obligatory to feed them all at once.
The Shaykh: It is not obligatory to gather them all together. If he provides breakfast for ten at one time, and twenty at another time, or five, or six, until he completes them, yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.