Is it permissible to see one's wife without a hijab, or to sleep next to her without engaging in sexual intercourse or intending to do so, when one is obliged to fast for 60 consecutive days as expiation for saying, "My wife is unlawful to me like my sister," without intending divorce?
Whoever says to his wife: "You are to me like my sister" is a muzhahir (one who commits zihar), and he must offer the expiation for zihar before he touches his wife. The expiation is: freeing a slave, or fasting for two consecutive months, or feeding sixty poor people. The scholars have agreed that what is meant by "touch" (al-mass) mentioned in the Almighty's saying: (before they touch each other) is sexual intercourse.
Scholars have differed on whether the prohibition of touching includes the preliminaries and foreplay of sexual intercourse. Many scholars have gone to the opinion that only sexual intercourse is prohibited, and it is permissible for him to kiss his wife, embrace her, and the like, unless he fears falling into sexual intercourse. Others have gone to the opinion of prohibiting all types of enjoyment, and some even prohibited looking at the hair. The most accurate opinion is that only sexual intercourse is prohibited, but if the man fears falling into sexual intercourse, he must also refrain from its preliminaries.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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