The Book Of Divorce In The Form Of Zihar

Zihar means one's addressing a specified woman like one's wife etc., and saying, " You to me are like the back of my mother."

Rule (1499) Zihar is not lawful and it is said that it is forgiven but such view is not established.

Rule (1500) In a statement of Zihar considering things like hands, or feet etc., similar to back (of one's mother) is objectionable, according to Ihtiyat they are of the same effect; the effect of such statement about mother applies to all people of blood relations like aunts from both mother and father's sides etc., this rule does not apply to the relatives because of breast-feeding and marital relations.

Rule (1501) If the wife says to the husband," you are to me like the back of my father," the effect of Zihar will not be established.

Rule (1502) For the effectiveness of Zihar it is necessary that two just people hear the statement of the party pronouncing Zihar, and that such person must be mature, of sound reason, free of compulsion, with his intention, free of anger and that Zihar must take place in a menses free period in which sex has not been done if the husband is available at home and woman of her like experiences menses.

Rule (1503) Zihar is effective in the case of a permanent wife as well as a temporary one and also a slave-girl. A conditional Zihar is effective even if such condition is a time (certain period of time) according to a strong reason a Zihar does not become effective on the basis of swearing for reasons of stopping her from something, like saying, " If I talked to you, you will be like the back of my mother to me," or for reasons of exhortation for a deed like saying, If you stopped praying you will be like the back of my mother to me".

Rule (1504) Zihar does not become effective according to Ihtiyat in the case of a wife with whom no sex is done.

Rule (1505) Validity of Zihar being tied with a condition for a month or year is objectionable.

Rule (1506) Sex after Zihar is not lawful if one decides to do so, expiation becomes due on him first, then he performs sex, if he divorces and revokes in waiting period she will not become lawful for him until he pays the expiation; when she completes the waiting period or the divorce is irrevocable and marries her in the waiting period or one of them dies or apostatizes or is such that revoking the divorce and resuming marital relations is not possible, such as when apostatizing is before sex or after it but if the apostatizing person is the husband who has an apostate (of Fitrah); at the time of conception one parent is a Muslim, there is no expiation due.

Rule (1507) If a person does sex before pronouncing Zihar and before paying expiation willingly he must pay double expiation, (a) one for sex and (b) for intending to do it again, the number of expiation is equal to the number of sex as well as to the number of Zihars, provided, each time it is pronounced at a different place, but if the place is one its effectiveness is objectionable. If one is not able to pay expiation asking forgiveness is not enough, for precaution.