Does a suspended Dhihar marriage based on lies or concealment continue, given the presence of lying and concealment, and what is the solution for atoning for this Dhihar?
It is permissible to make a conditional ẓihār. If the condition is met, the ẓihār takes effect, and the husband is prohibited from having sexual intercourse with his wife until he performs expiation.
Ẓihār does not dissolve the marital bond, so intercourse is not considered adultery, but the husband sins by engaging in intercourse before expiation.
This is the view of the majority of scholars. Some scholars, like Shaykh al-Islam Ibn Taymiyyah, hold that a conditional ẓihār does not take effect; rather, the one who made the oath must perform an expiation for breaking an oath (kaffārat yamīn).
The husband must be informed that the condition upon which his ẓihār was contingent has occurred, so he can perform the expiation for ẓihār or the expiation for breaking an oath. If you fear his anger, inform him in a way that prevents it, such as informing him through close relatives.
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- Original fatwa ID
- 139546
- Imported
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- Source text, unreviewed
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