And the wording “forbidden” can be given its legal effect.

Ahmad, however, might argue that the wording “forbidden” cannot be given its full effect: the woman herself can never become intrinsically forbidden, while an incidental prohibition cannot be established without something analogous. Such a prohibition is not what an unrestricted declaration of prohibition conveys; rather, it is a qualified prohibition. Thus, only part of the wording’s implication is applied: prohibiting the act, namely intercourse. Moreover, when prohibition is attributed to a person, what is intended is the act involving that person. It is therefore as though he [said] (1): “Intercourse with you is forbidden.”

This amounts to saying, “By Allah, I will not have intercourse with you.” Just as an oath to abstain from marital intercourse does not constitute divorce, even if divorce is intended, neither does a declaration of prohibition. An oath of abstention belongs to the category of oaths sworn by Allah, while zihār belongs to the category of oaths made by declaring something forbidden.

In examining this matter, one could reasonably say: we interpret it as imposing the lowest degree of prohibition, since the wording is unrestricted, and nothing beyond that is established without grounds. Similarly, saying, “You are divorced,” effects only one divorce; and, in the comparison involved in zihār, prohibition alone is taken as sufficient. As for when he intends divorce, the response may be: “Even if he intends divorce through zihār.”

Section

Connected with this is the case of someone who swears an oath by zihār or by declaring something forbidden, to secure some benefit or prevent something. For example, he says, “If you do this, you are to me like my mother’s back,” or, “You are forbidden to me”; or he says, “A declaration of prohibition—or zihār—shall bind me: I will not do it,” or, “I will certainly do it.”

In this case, our fellow jurists hold that zihār takes effect if he breaks his oath, just as divorce and emancipation take effect through such an oath. Hence, when discussing the oaths sworn by Muslims, they included zihār among them.