Fatwa ID: 04047

Answered by: Mufti Mohammed Tosir Miah

Question:

If the woman says Zihar words to her husband with the intention of Zihar. Does she have to give any expiation  before the husband  gets intimate  with her

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Firstly, it is necessary to understand that there are certain women who are permanently haram for a person to marry. For example mother, sister, grandmother etc.  Although in general, it is permissible to look at such women, there are certain parts of the body that will not be permissible to look at, for example the back, the private parts etc.

Secondly, the definition of Zihar is for the husband to compare his wife with such a woman who is permanently haram for him to marry or for him to compare his wife to their body parts which are haram for him to look at. (Raddul Muhtar p.123 v.5)

Regarding your question, Zihar is done by the husband to his wife and not the other way around. So, therefore, the answer to your question is a wife cannot do a Zihar to her husband, hence, she is not required to give kaffarah before the husband has relations with her.

Allah (SWA) says: 

“Those among you who make their wives unlawful to them by Zihar” (Surah Mujadalah, Verse 2)

Only Allah knows best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham