Muataa Malek Collection :: Book Number 29
29.29.7.22
Yahya related to me from Malik from Hisham ibn Urwa that his father said that a man who pronounced a zhihar from his four wives in one statement, had only to do one kaffara. Yahya related the same as that to me from Malik from Rabia ibn Abi Abd ar-Rahman. Malik said, "That is what is done among us. Allah, the Exalted said about the kaffara for pronouncing zhihar, 'It is to free a slave before they touch one another. If he does not find the means to do that, then fasting for two consecutive months before they touch one another. If he cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats 4,5). Malik said that a man who pronounced zhihar from his wife on various occasions had only to do one kaffara. If he pronounced zhihar, and then did kaffara, and then pronounced zhihar after he had done the kaffara, he had to do kaffara again. Malik said, "Some one who pronounces zhihar from his wife and then has intercourse with her before he has done kaffara, only has to do one kaffara. He must abstain from her until he does kaffara and ask forgiveness of Allah. That is the best of what I have heard. " Malik said, "It is the same with zhihar using any prohibited relations of fosterage and ancestry." Malik said, "Women have no zhihar." Malik said that he had heard that the commentary on the word of Allah, the Blessed, the Exalted, "Those of you who pronounce the zhihar about their wives, and then retract what they have said," (Sura 56 ayat 3), was that a man pronounced zhihar on his wife and then decided to keep her and have intercourse with her. If he decided on that, he must do kaffara. If he divorced her and did not decide to retract his zhihar of her and to keep her and have intercourse with her, there would be no kaffara incumbent on him. Maliksaid, "If he marries her after that, he does not touch her until he has completed the kaffara of pronouncing zhihar." Malik said that if a man who pronounced zhihar from his slave-girl wanted to have intercourse with her, he had to do the kaffara of the zhihar before he could sleep with her. Malik said, "There is no ila in a man's zhihar unless it is evident that he does not intend to retract his zhihar."