Does a man's statement to his angry wife, "You are my mother," constitute ẓihār, and what is the ruling on intercourse after this statement?
A man's saying to his wife: "You are my mother" is a metaphorical (kinayah) expression of ẓihār, not an explicit one, unless there is an intention or a strong indication (qarinah). The utterance of this phrase during anger and dispute between the spouses is considered an indication that it signifies ẓihār according to the Hanbalis, Muhammad ibn al-, and the Malikis.
As for the Shafi'is and Hanafis, he is not considered to have committed ẓihār with this phrase unless he intended ẓihār. Adopting the first opinion (that it is ẓihār) is more cautious and absolves one's responsibility, but there is no blame in adopting the other opinion if it is based on trust in its proponents, not merely following dispensations.
If this is considered ẓihār, expiation (kaffārah) is obligatory before the husband touches his wife. If sexual intercourse occurs before expiation, the expiation is not waived, and the wife remains forbidden until atonement is made.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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