Book of Ẓihār (Assimilative Divorce)

Ẓihār is forbidden. A man commits it when he likens his wife—or any part of her—to the back, belly, or any other inseparable limb of a woman who is permanently unlawful to him by blood or fosterage, saying to her, for example, “You are to me (or with me or from me) like my mother’s back,” “like my sister’s hand,” or “like my mother-in-law’s face,” or when he declares, “You are forbidden to me,” or, “You are like carrion and blood.” Anyone who does so becomes a muẓāhir (one bound by ẓihār). If the wife says the same to her husband, it is not ẓihār, yet she must still offer the expiation. Ẓihār is valid with any wife.¹

Section

Ẓihār may be pronounced outright, suspended on a condition—so that when the condition occurs he becomes a muẓāhir—left unrestricted, or limited to a set period. Should he have intercourse with her during that period he must offer the expiation; when the period ends the ẓihār lapses.²

Until he expiates, it is unlawful for him to engage in intercourse or any of its preliminaries with the wife against whom he pronounced ẓihār. The expiation does not become a fixed liability until intercourse actually takes place—for that constitutes the “return”—yet he must discharge it beforehand once he intends to resume marital relations.³

A single expiation suffices if he repeats the formula before expiating with respect to the same wife, or if he performs ẓihār concerning several of his wives with one statement. If he makes separate statements, however, he must give a separate expiation for each.⁴