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2062. It was narrated that Salamah bin Sakhr Al-Bayâdi said: "I was a man who had a lot of desire for women, and I do not think there was any man who had as great a share of that as me. When Ramadân began, I declared
Zihâr upon my wife (to last) until Ramadân ended. While she was talking to me one night, part of her body became uncovered. I jumped on her and had intercourse with her. The next morning I went to my people and told them, and said to them: 'Ask the Messenger of Allâh ﷺ for me.' They said: 'We will not do that, lest Allâh reveal Qur'ân concerning us or the Messenger of Allâh ﷺ says something about us, and it will be a lasting source of disgrace for us. Rather we will leave you to deal with it yourself. Go yourself and tell the Messenger of Allâh ﷺ about your problem.' So I went out and when I came to him, I told him what happened. The Messenger of Allâh ﷺ said: 'Did you really do that?' I said: 'I really did that, and here I am, O Messenger of Allâh. I will bear Allâh's ruling on me with patience.' He said: 'Free a slave.' I said: 'By the One Who sent you with the truth, I do not own anything but myself.' He said: 'Fast for two consecutive months.' I said: 'O Messenger of Allâh, the thing that happened to me was only because of fasting.' He said: 'Then give charity, or feed sixty poor persons.' I said: 'By the One Who sent you with the truth, we spent last night with no dinner.' He said: 'Then go to the collector of charity of Banu Zuraiq, and tell him to give you something, then feed sixty poor persons, and benefit from the rest.'" (Da'if)
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Commentary
Zihâr is that a person says to his wife, 'you are for me just like the back of my mother', which means 'you are unlawful for me just like relations with my mother are unlawful for me.'
Doing Zihâr is a sin but it does not break the marriage bond. In Zihâr only sexual intercourse is forbidden until the expiation is made.
There is no expiation to be made if Zihâr is acted upon for a fixed period and matrimonial relations do not occur during it.
If the time limit for Zihâr is not specified, then expiation should be made before having intercourse.
