What is the ruling on one who pronounced ẓihār upon his wife and began the expiation for ẓihār by feeding sixty poor persons, then divorced his wife after feeding thirty poor persons, before completing the expiation and before touching her?
If a husband who pronounced ẓihār divorces his wife after having paid part of the expiation (kaffārah) for ẓihār, the remaining part is waived, and he is not required to complete it unless he takes her back. However, if he paid part of the expiation without intending to have intercourse with his wife, what he paid becomes null and void. He would then be required to pay a full expiation if he takes her back and intends to have intercourse with her. The expiation becomes obligatory upon ẓihār and 'عود' (ʿawd - return). According to the Hanafis and Malikis, ʿawd is the intention to have intercourse. According to the Shafi'is, it is retaining the wife for a period during which he could have divorced her. According to the Hanbalis, it is actual intercourse. The expiation becomes binding upon ʿawd and is not waived by the wife's departure. The expiation is sequential: freeing a slave, then fasting, then feeding the poor.
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