What is the ruling of the Shari'ah on one who remains silent about a man who had intercourse with his wife after she became forbidden to him by Dhihar, knowing that he refuses to expiate or consult scholars?
A man's statement to his wife, "You are forbidden to me, just like my sisters," intending divorce, is a matter of scholarly disagreement regarding whether it constitutes ẓihār (a pre-Islamic form of divorce) or ṭalāq (divorce). According to the view that it is ẓihār, he must pay its expiation before having intercourse with her. If he has intercourse with her before paying the expiation, he must repent and pay the expiation. As for the view that ṭalāq occurs with this phrase, and if this pronouncement completes the three divorces, then she becomes irrevocably divorced from him (baynūnah kubrā). If he continues to live with her, the matter must be referred to a judge.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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