7 From here begins the statement of the legal injunctions concerning zihar. To understand this, it is necessary that one should keep in mind the incidents of zihar that took place in the time of the Holy Prophet (upon whom be Allah's peace), for the code of law pertaining to zihar is derived from the verses and the judgements that the Holy Prophet gave after the revelation of these verses in the cases of zihar brought before him.
According to Hadrat `Abdullah bin `Abbas, the first case of zihar in Islam was the one relating to Aus bin Samit Ansari, on whose wife Khaulah's complaint Allah aeM down these verse:. Although the details of this case that the traditionists have cited from several reporters contain minor differences, yet the elements of legal import and significance are almost agreed upon. A resume of these traditions is as follows:
Hadrat Aus bin Samit had grown a little peevish in old age and according to Some traditions, had also developed an ailment resembling insanity. The reporters have described it by the word lamam which is not exactly madness in Arabic but a state resembling it. In this state he had also pronounced zihar on his wife several times before, but in Islam this was the first occasion that he pronounced it as the result of a quarrel with her. Thereupon, his wife appeared before the Holy Prophet (upon whom be Allah's peace) and relating the whole story to him, said: "O Messenger of Allah: Is there any way out of this situation that could save me and my children from ruin?" The Holy Prophet's reply has been reported in different words by different reporters. In some traditions the words are to the effect: "No command has been given to me so far in this regard," and in some others the words are: "In my opinion you have become unlawful to him," and in still others: "You arc unlawful to him." At this, she began to cry and complain and told the Holy Prophet over and over again that her husband had not pronounced the words of divorce; therefore, he should suggest a way by which she and her children and her old husband's life could be saved from ruin. But the Holy Prophet gave her the same reply every time. In the meantime he underwent the state of receiving revelation and these verses were revealed. After this, he said to her (and according to other traditions, he called her husband and told him) to free a slave. When they expressed their inability to do so, he said that the husband would have to observe two months' fast consecutively. She said: "Aus is such a man that unless he cats and drinks three times a day, his sight starts failing him. " The Holy Prophet said, "Then, you will have to feed 60 poor people. " They submitted that they did not have the means for that unless they were helped out by him. Thereupon the Holy Prophct gave them food articles that could suffice 60 men for two meals. Different quantities of it have been mentioned in different traditions. According to some traditions Hadrat Khaulah herself gave to her husband food articles equal in quantity to those given by the Holy Prophct so that he may perform the expiation. (Ibn Jarir, Musnad Ahmad Abu Da'ud, Ibn Abi Hatim).
The second incident of zihar relates to Salamah bin Sakhr Bayadi. He had a somewhat abnormal appetite for sex. When the fasting month of Ramadan came, he, fearing that he might lose self-control in daytime in the state of fasting, pronounced zihar on his wife till the end of Ramadan. Hut he could not adhere to his pledge and went in to his wife one night. Penitent he appeared before the Holy Prophet (upon whom be Allah's peace) and told him what he had done. He told him to release a slave. He said he had no one else beside his wife, whom he could release. The Holy Prophct then told him to observe two months' consecutive fast. He replied that it was during obligatory fasting itself that he had been unable to control himself and had become involved in trouble. The Holy Prophct then said that he should feed t50 poor people, He replied that they were poor themselves and had gone to bed at night without food. Thereupon the Holy Prophet got him a sufficient quantity of food articles from the colloctor of the zihar of Bani Zurayq so that he may feed 60 persons and may also save some thing for his children. (Musnad Ahmad, Abu Da'ud. Tirmadhi
The third incident that has been related without any reference to the name is that a man pronounced zihar on his wife and then had sexal intercourse with her even before making the expiation Then, when he came to the Holy Prophet to ask for the legal verdict, he commanded him to abstain from her till he had made the expiation. (Abu Da'ud, Tirmidhi, Nasa i Ibn Majah).
The fourth incident is that the Holy Prophet (upon whom be Allah's peace) himself heard a man calling his wife as sister. Thereupon he said to him angrily: "Is she your sister?" But he did not regard it as ,zihar,. (Abu Da'ud).
These four are the reliable incidents that have been related in the Hadith through authentic channels, and through them only can one adequately understand the Qur'anic injunctions that have been laid down in the following verses.
8 Literally: "that they return to that which they said," but in view of the Arabic language and idiom great differences have octurred in determining the meaning of these words:
Their one meaning can be: "If they repeat the words of zihar after they have uttered them once. " The Zahiriyyah and Bukair bin al-Ashajj and Yahya bin Ziyad al-Farm' hold this very view, and a saying from `Ata' bin Abi Rabah also has been reported in support of the same. According to-them, the pronouncement of zihar once is forgiven; however, if a person repeats it, he becomes liable to make the expiation. Hut this commentary is expressly wrong for two reasons: first, that Allah has condemned zihar as an absurd thing and a falsehood and then prescribed a penalty for it. Now, it is not conceivable that if a man utters falsehood or absurdities oncc he should be excused and if he utters it the second time he should make himself liable to punishment. The second reason of its being wrong is that the Holy Prophet (upon whom be Allah's peace) never asked the man pronouncing zihrir whether he had pronounced it once or twice.
Its second meaning is "If the people who were used to uttering zihar in the pre islamic days of ignorance, repeat it in Islam, they will incur this punishment." This would mean that zihar should by itself be liable to punishment, and who ever utters the words of zihar for his wife, should become liable to make the expiation whether he may divorce the wife after it, or his wife may die; or he may have no intention of resuming conjugal relations with his wife. This view is hold by Ta-us Mujahid, Sha'bi, Zuhri, Sufyan Thauri and Qatadah from among the jurstis They say that if the woman dies after the zihar, the husband cannot inherit her unless he made: the expiation. The third meaning is: "If after uttering the words of zihar the man may wish to go back on his words and makr amends for what he said " In other words, 'ada lima gala means that the man revoked what he had said.
The fourth meaning is: "If the man may wish to make lawful what he had made unlawful for himself by pronouncing the zihar " In ocher words, it would mean that the person who had made a thing unlawful for himself has now returned to make it law ful views.
Most of the jurists have preferred and adopted one of these last two
9 In other words: "This you are being enjoined for your own correction and admonition so that the members of Muslim society may give up this evil custom of ignorance and none of you may commit this folly. If you have to quarrel with your wife, you may quarrel with her like good people; if you intend to divorce her, then you should divorce her gracefully. It is absurd that you should compare her to your mother and sister whenever you have a quarrel with her. "
10 That is, "Allah will certainly know, even if nobody else does, if a person pronounces zihar, and then quietly resumes normal conjugal relations with his wife without first atoning for the offence. Such people cannot in any way escape Allah's punishment. "
