These objections to their position are invalid.

As for his statement, “The fact that it constituted divorce in the pre-Islamic era does not entail that they brought about divorce through it,” and so forth, this is categorically false. They did not intend to make a false statement so that prohibition would follow from it. Rather, when they wished to divorce, they used the formula of zihār, intending divorce. They did not regard themselves as lying or reporting a fact; rather, they were effecting divorce through that utterance. This is why that ruling remained in force in the early days of Islam, until Allah abrogated it by prescribing expiation in the case of Khawla bint Thaʿlaba, who was married to ʿUbāda ibn al-Sāmit.

He said to her, “You are to me like my mother’s back.” She went to Allah’s Messenger (may Allah bless him and grant him peace) and asked him about this. Allah’s Messenger (may Allah bless him and grant him peace) said, “You are forbidden to him.” She said, “O Messenger of Allah, by Him who sent down the Book to you, he made no mention of divorce! He is the father of my children and the dearest of all people to me.” He said, “You are forbidden to him.” She said, “I complain to Allah of my poverty and loneliness.” Allah’s Messenger (may Allah bless him and grant him peace) said, “I can only consider you forbidden to him. I have received no command concerning your case.”

She continued pleading with Allah’s Messenger (may Allah bless him and grant him peace). Whenever he told her, “You are forbidden to him,” she cried out, saying, “I complain to Allah of my poverty and dire circumstances. I have young children: if I leave them with him, they will be neglected; if I keep them with me, they will go hungry.” She kept raising her head towards heaven and saying, “O Allah, I bring my complaint to You.”

This was the first instance of zihār in Islam. Revelation then came to Allah’s Messenger (may Allah bless him and grant him peace). When it had ended, Allah’s Messenger (may Allah bless him and grant him peace) said, “Call your husband.” Allah’s Messenger (may Allah bless him and grant him peace) then recited to him the words of the Most High:

“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…” (58:1–4), and the following verses.

This indicates that, in the early days of Islam, zihār was a performative utterance establishing the prohibition brought about by divorce; then that ruling was abrogated by divorce. This also invalidates his analogy with declaring a she-camel forbidden after she has given birth ten times, and similar practices. In that case, there is no performative formula entailing prohibition. Rather, it is a rule they themselves instituted, imposing that prohibition when this circumstance arose.