and took her back.” There are many hadiths concerning this incident. Some relate: “When Aws ibn al-Sāmit pronounced zihār against his wife, she said to him, ‘By Allah, I can only conclude that you have sinned in your treatment of me. You have worn away my freshness, exhausted my youth, and consumed my wealth. Then, when I grew old, my bones became frail, and I needed you, you parted from me.’

He said, ‘How distressing this is to me! Go to the Messenger of Allah (peace and blessings be upon him) and see whether he has any answer concerning your situation.’

She went to the Prophet (peace and blessings be upon him) and told him about it. He said to her, ‘It seems to me that you have become separated from him.’

She said, ‘To Allah I complain of my need for my husband.’

Ā’ishah said, ‘Glory be to Him Whose hearing encompasses all voices! I was combing the hair of the Messenger of Allah (peace and blessings be upon him), hearing some of what she said while other parts escaped me, when the revelation came:

“Allah has indeed heard the words of the woman who argues with you concerning her husband and complains to Allah. And Allah hears your conversation.” [Al-Mujādilah: 1]

—and the subsequent verses, through to the end of the passage.’ The Messenger of Allah (peace and blessings be upon him) then instructed him to free a slave”—and so on to the end of the hadith.

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Zihār thus imposes a prohibition that is lifted by expiation, and pronouncing it is unlawful. The evidence for its unlawfulness is that Allah calls it reprehensible speech and falsehood. Falsehood means lying, and lying is unlawful by consensus. At the end of the verse, He describes Himself as Pardoning and Forgiving, and He only forgives and pardons those who have sinned. According to the scholars generally, expiation does not become obligatory merely by uttering zihār; the subsequent return must also occur. Mujāhid alone held that expiation becomes obligatory upon the husband merely by pronouncing zihār. This is not correct, because Allah, Mighty and Majestic, says:

“Then go back on what they have said.” [Al-Mujādilah: 3]

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There are six opinions concerning the return that makes expiation obligatory upon a husband who has pronounced zihār.

The first is intending intercourse and firmly resolving upon it. This is Mālik’s position in his Muwatta’: once the husband intends intercourse and firmly resolves upon it, expiation becomes obligatory upon him, even if he dies or divorces her.