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Marriage

Hadith 3374

Chapter on Triple Divorce, Ila’, and Zihar

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Marriage

Chapter on Triple Divorce, Ila’, and Zihar

Zujajat al-Masabih 3374Volume 2

English

Salamah ibn Sakhr (may Allah be pleased with him) said: "Ramadan began, and I feared I might approach my wife, so I made zihar against her. One night, I saw something of her and had intercourse with her. The Messenger of Allah (ﷺ) told me, 'Free a slave.' I said, 'I do not own a slave except myself.' He said, 'Fast two consecutive months.' I said, 'What happened to me was due to fasting.' He said, 'Feed a farq (a measure) of dates to sixty poor people.'" [Narrated by Ahmad, Tirmidhi, Abu Dawud, and Ibn Majah] In Abu Dawud and Ad-Darimi’s version: "Feed a wasq of dates to sixty poor people." Ibn Majah narrated from Ibn ‘Abbas: "The Messenger of Allah (ﷺ) atoned with one sa’ of dates and ordered the people to do so. Whoever could not, then half a sa’ of wheat." At-Tabarani narrated in Al-Mu’jam from Awf ibn As-Sa’mit: "Feed sixty poor people thirty sa’." He said, "I cannot unless you help me." The Prophet (ﷺ) helped him with fifteen sa’, and the people helped until it was completed. Tirmidhi narrated from Salamah ibn Sakhr al-Bayadi: "He made his wife unlawful like his mother’s back until Ramadan ended. When half of Ramadan passed, he had intercourse with her at night." Abu Dawud, Ibn Majah, and Ad-Darimi narrated from him: "I was a man who approached women more than others."
Possible references (unverified, pending editorial review)
  • Candidate: Jami al-Tirmidhi 1199 (unverified) 96% confidence
  • Candidate: Sunan Abi Dawud 2213 (unverified) 96% confidence · Validation similarity: 0.519
  • Candidate: Sunan Ibn Majah 2062 (unverified) 93% confidence

Confidence and text similarity are not editorial verification.

Commentary and footnotes (3)

Note 1

So I made zihar against her...

(1) The statement: "So I made zihar against her..."—Zihar linguistically is from zahara, meaning to declare something like another. Legally, it is a Muslim equating his wife or part of her to a permanently prohibited female relative (e.g., saying, "You are to me like my mother’s back"). It does not apply to a non-Muslim’s wife, even if she is a kitabiyyah, minor, or insane. It includes equating any part of her to a prohibited relative, not just the back, though zihar is named after the back due to its common usage. Its condition for the woman is that she is a wife, and for the man, he must be liable for expiation (i.e., free, adult, sane). Its ruling is prohibition of intercourse and its preliminaries until expiation is made. The woman may demand intercourse, as it is her right, but she must prevent him from enjoyment until he atones, and the judge may compel him through imprisonment or beating until he atones or divorces. Some said expiation is obligatory due to retraction, based on the verse: "Then they retract what they said" (58:3). Scholars differed on its meaning. Ash-Shafi’i said retraction obliging expiation is retaining her without divorce after zihar. Abu Hanifah said retraction in the verse is a firm resolution to have intercourse, the view of Ibn ‘Abbas, Al-Hasan, and Qatadah.

Note 2

Free a slave...

(2) The statement: "Free a slave..."—This hadith indicates several rulings: The order of expiation options. The slave need not be a believer, unlike in expiation for killing. The fasting must be consecutive. Expiation is not entirely waived due to inability, as in As-Subul. Expiation is freeing a slave before intercourse. If unable, the one who made zihar must fast two consecutive months before intercourse, excluding Ramadan and the five forbidden days. If unable to fast, feed sixty poor people, each receiving half a sa’ of wheat or one sa’ of dates or barley. It must be given before intercourse but need not be repeated if intercourse occurs during feeding, as in Al-Hidayah, Ar-Radd al-Muhtar, and Ad-Durr al-Mukhtar, summarized.

Note 3

He made his wife unlawful like his mother’s back until Ramadan ended...

(3) The statement: "He made his wife unlawful like his mother’s back until Ramadan ended..."—This means he made zihar until Ramadan ended. At-Tibi said: "This indicates the validity of temporary zihar." Qadi Khan said: "If one makes temporary zihar, he is considered to have made zihar immediately, and it expires after the specified time." As in Al-Maraqi.