‘Aishah (may Allah be pleased with her) narrated that the wife of Rifa’ah al-Qurazi came to the Messenger of Allah (ﷺ) and said, "I was married to Rifa’ah, and he divorced me irrevocably. Then I married ‘Abdur-Rahman ibn Az-Zubayr, but he has nothing more than this fringe." The Prophet (ﷺ) said, "Do you wish to return to Rifa’ah? No, not until you taste his sweetness and he tastes yours." [Agreed upon]

(1) The statement: "Until you taste his sweetness and he tastes yours", This indicates, according to the majority, that intercourse with the second husband is required for tahill (making lawful return to the first husband). This is the view of the four imams and their followers. Even if the second husband divorces her before consummation or dies before it, she does not become lawful for the first. This is mentioned in ‘Umdat ar-Ri’ayah. Ar-Radd al-Muhtar states: "The requirement of consummation is established by consensus, so the contract alone is insufficient." Al-Kashf and other usul works state: "Scholars, except Sa’id ibn al-Musayyab, agreed on requiring consummation." Az-Zahidi said: "This is established by the consensus of the ummah." Al-Munyah states: "Sa’id retracted his opinion and adopted the majority view. Whoever acts contrary to this is disgraced, and whoever issues such a fatwa is punished. What is attributed to As-Sadr ash-Shahid has no basis in his works; rather, they contradict it." Al-Khulasah states: "Whoever issues such a fatwa is cursed by Allah, the angels, and all people, as it contradicts consensus. A judge’s ruling based on this is invalid."

The majority who require intercourse follow two approaches regarding the verse: "Until she marries a husband other than him" (2:230). Some held that nikah here means intercourse, as nikah linguistically means joining, which is intercourse literally. It is used as such in the verse: "Test the orphans until they reach the age of marriage..." (4:6). Thus, the Book requires intercourse, supported by the hadith of ‘asilah (sweetness).

Others said nikah in the verse means the contract, and the requirement of intercourse is established by the well-known hadiths. These hadiths supplement the Book, as adding to the Book with well-known hadiths is permitted by consensus. Thus, tahill without intercourse contradicts the well-known hadith. This analysis is taken from ‘Umdat ar-Ri’ayah and Sharh al-Wiqayah.

The Messenger of Allah ﷺ cursed the one who makes something lawful and the one who has it made lawful for him. - This narration is not authentic.

After the first marriage, the husband’s remarriage should be followed by a divorce.

‘Abdullah ibn Mas’ud (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said, "Allah curses the muhallil (one who marries to make a woman lawful for her first husband) and the one for whom he does so." [Narrated by Ad-Darimi]

Ibn Majah narrated it from ‘Ali, Ibn ‘Abbas, and ‘Uqbah ibn ‘Amir. Muhammad narrated in Al-Athar from Sa’id ibn Jubayr: "I was sitting with ‘Abdullah ibn Mas’ud when a Bedouin came and asked about a man who divorced his wife once or twice, her waiting period ended, she married another man, he consummated the marriage, then died or divorced her, and her waiting period ended. The first husband wants to remarry her, how many divorces remain?" Ibn Mas’ud turned to Ibn ‘Abbas and said, "What do you say?" Ibn ‘Abbas replied, "The second husband annuls the first and second (divorces), leaving three. Ask Ibn ‘Umar." The Bedouin met Ibn ‘Umar, who agreed with Ibn ‘Abbas.

Muhammad narrated in Al-Muwatta’ from Abu Hurairah that he sought a verdict from ‘Umar ibn al-Khattab about a man who divorced his wife once or twice, left her until her waiting period ended, she married another, then he died or divorced her. The first husband wanted to remarry her, how many divorces remain? ‘Umar said, "She is on the remaining divorces."

(1) The statement: "Allah curses the muhallil and the one for whom he does so", If a man marries a woman on the condition that he will consummate and divorce her so she can return to her first husband, such a marriage is prohibitively disliked due to this hadith. If he marries her with this condition, consummates, and divorces her, she becomes lawful for the first husband after her waiting period, though the sin remains for such a marriage and tahill.

There is disagreement: Muhammad held that the marriage is valid with the tahill condition, as contracts are not invalidated by invalid conditions. However, she does not become lawful for the first husband through such consummation, as it hastens what the Shari’ah delayed. Abu Yusuf and Ash-Shafi’i said the marriage is invalid due to the tahill condition, as it resembles a temporary marriage.

Abu Hanifah’s view is that the marriage is valid but disliked. If the tahill is concealed in the heart without explicit mention, it is permissible without dislike. The Shafi’i school differs from us in that they consider tahill invalid, while we consider it valid but sinful.

‘Abdullah ibn Mas’ud (may Allah be pleased with him) narrated that the Messenger of Allah (ﷺ) said, "Allah curses the muhallil (one who marries to make a woman lawful for her first husband) and the one for whom he does so." [Narrated by Ad-Darimi]

Ibn Majah narrated it from ‘Ali, Ibn ‘Abbas, and ‘Uqbah ibn ‘Amir. Muhammad narrated in Al-Athar from Sa’id ibn Jubayr: "I was sitting with ‘Abdullah ibn Mas’ud when a Bedouin came and asked about a man who divorced his wife once or twice, her waiting period ended, she married another man, he consummated the marriage, then died or divorced her, and her waiting period ended. The first husband wants to remarry her, how many divorces remain?" Ibn Mas’ud turned to Ibn ‘Abbas and said, "What do you say?" Ibn ‘Abbas replied, "The second husband annuls the first and second (divorces), leaving three. Ask Ibn ‘Umar." The Bedouin met Ibn ‘Umar, who agreed with Ibn ‘Abbas.

Muhammad narrated in Al-Muwatta’ from Abu Hurairah that he sought a verdict from ‘Umar ibn al-Khattab about a man who divorced his wife once or twice, left her until her waiting period ended, she married another, then he died or divorced her. The first husband wanted to remarry her, how many divorces remain? ‘Umar said, "She is on the remaining divorces."

(1) The statement: "Allah curses the muhallil and the one for whom he does so", If a man marries a woman on the condition that he will consummate and divorce her so she can return to her first husband, such a marriage is prohibitively disliked due to this hadith. If he marries her with this condition, consummates, and divorces her, she becomes lawful for the first husband after her waiting period, though the sin remains for such a marriage and tahill.

There is disagreement: Muhammad held that the marriage is valid with the tahill condition, as contracts are not invalidated by invalid conditions. However, she does not become lawful for the first husband through such consummation, as it hastens what the Shari’ah delayed. Abu Yusuf and Ash-Shafi’i said the marriage is invalid due to the tahill condition, as it resembles a temporary marriage.

Abu Hanifah’s view is that the marriage is valid but disliked. If the tahill is concealed in the heart without explicit mention, it is permissible without dislike. The Shafi’i school differs from us in that they consider tahill invalid, while we consider it valid but sinful.

‘Umar, ‘Uthman, ‘Ali, Ibn Mas’ud, Zayd ibn Thabit, Ibn ‘Umar, and Ibn ‘Abbas (may Allah be pleased with them) said, "Ila’ (swearing off intercourse) results in one irrevocable divorce if four months pass without retraction, and she has the right to herself."* [Narrated by Al-Bayhaqi and ‘Abdur-Razzaq]

Muhammad said in Al-Muwatta’: "It reached us from ‘Umar ibn al-Khattab, ‘Uthman ibn ‘Affan, ‘Abdullah ibn Mas’ud, and Zayd ibn Thabit that they said, 'If a man swears off his wife and four months pass without retraction, she is irrevocably divorced once, and they did not consider stopping after the four months valid.'"

Ibn ‘Abbas said in interpreting the verse: "For those who swear not to have intercourse with their wives is a waiting period of four months. But if they return, Allah is Forgiving and Merciful. And if they decide on divorce, Allah is Hearing and Knowing." (2:226-227) "Retraction" means resuming intercourse within four months, and "deciding on divorce" means letting the four months pass. If they pass, she is divorced once, and there is no stopping after that. Ibn ‘Abbas was the most knowledgeable of Quranic interpretation.

Al-Bayhaqi and ‘Abdur-Razzaq narrated from Ibn Mas’ud: "If a man swears off his wife and four months pass, it is one irrevocable divorce, and she observes a waiting period of three menstrual cycles afterward."

(1) The statement: "Ila’ results in one irrevocable divorce...", Ila’* is swearing not to have intercourse for four months or more. Its ruling is of two types: the ruling of the oath and the ruling of breaking it. If he has intercourse within the period, he atones for breaking the oath, indicating that atonement before breaking is insufficient. If the oath was by Allah, its atonement is feeding ten poor people, clothing them, or freeing a slave. If unable, fasting three days. If the oath was other than by Allah (e.g., vowing Hajj, fasting, charity, freeing a slave, or divorce), he fulfills what he made the penalty for breaking it.

If he swore, "By Allah, I will not approach my wife for four months," and retracted within the period, he must atone for the oath. If he swore, "If I approach you within four months, I must perform Hajj," and approached her within the period, Hajj becomes obligatory, and ila’ is annulled, as the oath is lifted by breaking it.

If he does not approach her within the period, she is irrevocably divorced by one divorce. This is the view of Ibn Mas’ud, Ibn ‘Umar, Ibn ‘Abbas, Zayd ibn Thabit, and is narrated from ‘Uthman and ‘Ali. It is the view of most Tabi’in.

Ash-Shafi’i said she is not divorced by the passage of time, but the ruling is suspended after the period, and he is ordered to retract or separate. If he refuses, the judge separates them. Thus, the difference is twofold:

Retraction, according to him, is after the period, while according to us, it is within the period.

Separation does not occur except by the judge’s ruling or the husband’s divorce, the view of Malik and Ahmad. Ash-Shafi’i said the judge does not separate but pressures him until he retracts or divorces. According to us, separation occurs by the passage of time.

Their evidence is the verse: "But if they return" (2:226), where "fa" (then) denotes sequence, permitting retraction after the period and separation. Our evidence is the reading of Ibn Mas’ud and Ubayy: "If they return within them," proving retraction is within the period, making it evidence against them. "Fa" in the verse denotes retraction following ila’, as retraction before the period is permitted, which would not be if their view were correct.

We also have the statements of the senior Companions. In summary, Ash-Shafi’i said the verse means: "If they return and if they decide after the period," as "fa" denotes sequence. We say: "If they return" and "if they decide" elaborate on "those who swear," and elaboration follows the elaborated, as in Al-‘Ayni and Al-Mustakhlas, summarized.

‘Umar, ‘Uthman, ‘Ali, Ibn Mas’ud, Zayd ibn Thabit, Ibn ‘Umar, and Ibn ‘Abbas (may Allah be pleased with them) said, "Ila’ (swearing off intercourse) results in one irrevocable divorce if four months pass without retraction, and she has the right to herself."* [Narrated by Al-Bayhaqi and ‘Abdur-Razzaq]

Muhammad said in Al-Muwatta’: "It reached us from ‘Umar ibn al-Khattab, ‘Uthman ibn ‘Affan, ‘Abdullah ibn Mas’ud, and Zayd ibn Thabit that they said, 'If a man swears off his wife and four months pass without retraction, she is irrevocably divorced once, and they did not consider stopping after the four months valid.'"

Ibn ‘Abbas said in interpreting the verse: "For those who swear not to have intercourse with their wives is a waiting period of four months. But if they return, Allah is Forgiving and Merciful. And if they decide on divorce, Allah is Hearing and Knowing." (2:226-227) "Retraction" means resuming intercourse within four months, and "deciding on divorce" means letting the four months pass. If they pass, she is divorced once, and there is no stopping after that. Ibn ‘Abbas was the most knowledgeable of Quranic interpretation.

Al-Bayhaqi and ‘Abdur-Razzaq narrated from Ibn Mas’ud: "If a man swears off his wife and four months pass, it is one irrevocable divorce, and she observes a waiting period of three menstrual cycles afterward."

(1) The statement: "Ila’ results in one irrevocable divorce...", Ila’* is swearing not to have intercourse for four months or more. Its ruling is of two types: the ruling of the oath and the ruling of breaking it. If he has intercourse within the period, he atones for breaking the oath, indicating that atonement before breaking is insufficient. If the oath was by Allah, its atonement is feeding ten poor people, clothing them, or freeing a slave. If unable, fasting three days. If the oath was other than by Allah (e.g., vowing Hajj, fasting, charity, freeing a slave, or divorce), he fulfills what he made the penalty for breaking it.

If he swore, "By Allah, I will not approach my wife for four months," and retracted within the period, he must atone for the oath. If he swore, "If I approach you within four months, I must perform Hajj," and approached her within the period, Hajj becomes obligatory, and ila’ is annulled, as the oath is lifted by breaking it.

If he does not approach her within the period, she is irrevocably divorced by one divorce. This is the view of Ibn Mas’ud, Ibn ‘Umar, Ibn ‘Abbas, Zayd ibn Thabit, and is narrated from ‘Uthman and ‘Ali. It is the view of most Tabi’in.

Ash-Shafi’i said she is not divorced by the passage of time, but the ruling is suspended after the period, and he is ordered to retract or separate. If he refuses, the judge separates them. Thus, the difference is twofold:

Retraction, according to him, is after the period, while according to us, it is within the period.

Separation does not occur except by the judge’s ruling or the husband’s divorce, the view of Malik and Ahmad. Ash-Shafi’i said the judge does not separate but pressures him until he retracts or divorces. According to us, separation occurs by the passage of time.

Their evidence is the verse: "But if they return" (2:226), where "fa" (then) denotes sequence, permitting retraction after the period and separation. Our evidence is the reading of Ibn Mas’ud and Ubayy: "If they return within them," proving retraction is within the period, making it evidence against them. "Fa" in the verse denotes retraction following ila’, as retraction before the period is permitted, which would not be if their view were correct.

We also have the statements of the senior Companions. In summary, Ash-Shafi’i said the verse means: "If they return and if they decide after the period," as "fa" denotes sequence. We say: "If they return" and "if they decide" elaborate on "those who swear," and elaboration follows the elaborated, as in Al-‘Ayni and Al-Mustakhlas, summarized.

‘Umar, ‘Uthman, ‘Ali, Ibn Mas’ud, Zayd ibn Thabit, Ibn ‘Umar, and Ibn ‘Abbas (may Allah be pleased with them) said, "Ila’ (swearing off intercourse) results in one irrevocable divorce if four months pass without retraction, and she has the right to herself."* [Narrated by Al-Bayhaqi and ‘Abdur-Razzaq]

Muhammad said in Al-Muwatta’: "It reached us from ‘Umar ibn al-Khattab, ‘Uthman ibn ‘Affan, ‘Abdullah ibn Mas’ud, and Zayd ibn Thabit that they said, 'If a man swears off his wife and four months pass without retraction, she is irrevocably divorced once, and they did not consider stopping after the four months valid.'"

Ibn ‘Abbas said in interpreting the verse: "For those who swear not to have intercourse with their wives is a waiting period of four months. But if they return, Allah is Forgiving and Merciful. And if they decide on divorce, Allah is Hearing and Knowing." (2:226-227) "Retraction" means resuming intercourse within four months, and "deciding on divorce" means letting the four months pass. If they pass, she is divorced once, and there is no stopping after that. Ibn ‘Abbas was the most knowledgeable of Quranic interpretation.

Al-Bayhaqi and ‘Abdur-Razzaq narrated from Ibn Mas’ud: "If a man swears off his wife and four months pass, it is one irrevocable divorce, and she observes a waiting period of three menstrual cycles afterward."

(1) The statement: "Ila’ results in one irrevocable divorce...", Ila’* is swearing not to have intercourse for four months or more. Its ruling is of two types: the ruling of the oath and the ruling of breaking it. If he has intercourse within the period, he atones for breaking the oath, indicating that atonement before breaking is insufficient. If the oath was by Allah, its atonement is feeding ten poor people, clothing them, or freeing a slave. If unable, fasting three days. If the oath was other than by Allah (e.g., vowing Hajj, fasting, charity, freeing a slave, or divorce), he fulfills what he made the penalty for breaking it.

If he swore, "By Allah, I will not approach my wife for four months," and retracted within the period, he must atone for the oath. If he swore, "If I approach you within four months, I must perform Hajj," and approached her within the period, Hajj becomes obligatory, and ila’ is annulled, as the oath is lifted by breaking it.

If he does not approach her within the period, she is irrevocably divorced by one divorce. This is the view of Ibn Mas’ud, Ibn ‘Umar, Ibn ‘Abbas, Zayd ibn Thabit, and is narrated from ‘Uthman and ‘Ali. It is the view of most Tabi’in.

Ash-Shafi’i said she is not divorced by the passage of time, but the ruling is suspended after the period, and he is ordered to retract or separate. If he refuses, the judge separates them. Thus, the difference is twofold:

Retraction, according to him, is after the period, while according to us, it is within the period.

Separation does not occur except by the judge’s ruling or the husband’s divorce, the view of Malik and Ahmad. Ash-Shafi’i said the judge does not separate but pressures him until he retracts or divorces. According to us, separation occurs by the passage of time.

Their evidence is the verse: "But if they return" (2:226), where "fa" (then) denotes sequence, permitting retraction after the period and separation. Our evidence is the reading of Ibn Mas’ud and Ubayy: "If they return within them," proving retraction is within the period, making it evidence against them. "Fa" in the verse denotes retraction following ila’, as retraction before the period is permitted, which would not be if their view were correct.

We also have the statements of the senior Companions. In summary, Ash-Shafi’i said the verse means: "If they return and if they decide after the period," as "fa" denotes sequence. We say: "If they return" and "if they decide" elaborate on "those who swear," and elaboration follows the elaborated, as in Al-‘Ayni and Al-Mustakhlas, summarized.

Salamah ibn Sakhr (may Allah be pleased with him) said: "Ramadan began, and I feared I might approach my wife, so I made zihar against her. One night, I saw something of her and had intercourse with her. The Messenger of Allah (ﷺ) told me, 'Free a slave.' I said, 'I do not own a slave except myself.' He said, 'Fast two consecutive months.' I said, 'What happened to me was due to fasting.' He said, 'Feed a farq (a measure) of dates to sixty poor people.'" [Narrated by Ahmad, Tirmidhi, Abu Dawud, and Ibn Majah]

In Abu Dawud and Ad-Darimi’s version: "Feed a wasq of dates to sixty poor people." Ibn Majah narrated from Ibn ‘Abbas: "The Messenger of Allah (ﷺ) atoned with one sa’ of dates and ordered the people to do so. Whoever could not, then half a sa’ of wheat."

At-Tabarani narrated in Al-Mu’jam from Awf ibn As-Sa’mit: "Feed sixty poor people thirty sa’." He said, "I cannot unless you help me." The Prophet (ﷺ) helped him with fifteen sa’, and the people helped until it was completed.

Tirmidhi narrated from Salamah ibn Sakhr al-Bayadi: "He made his wife unlawful like his mother’s back until Ramadan ended. When half of Ramadan passed, he had intercourse with her at night."

Abu Dawud, Ibn Majah, and Ad-Darimi narrated from him: "I was a man who approached women more than others."

(1) The statement: "So I made zihar against her...", Zihar linguistically is from zahara, meaning to declare something like another. Legally, it is a Muslim equating his wife or part of her to a permanently prohibited female relative (e.g., saying, "You are to me like my mother’s back"). It does not apply to a non-Muslim’s wife, even if she is a kitabiyyah, minor, or insane. It includes equating any part of her to a prohibited relative, not just the back, though zihar is named after the back due to its common usage.

Its condition for the woman is that she is a wife, and for the man, he must be liable for expiation (i.e., free, adult, sane). Its ruling is prohibition of intercourse and its preliminaries until expiation is made. The woman may demand intercourse, as it is her right, but she must prevent him from enjoyment until he atones, and the judge may compel him through imprisonment or beating until he atones or divorces.

Some said expiation is obligatory due to retraction, based on the verse: "Then they retract what they said" (58:3). Scholars differed on its meaning. Ash-Shafi’i said retraction obliging expiation is retaining her without divorce after zihar. Abu Hanifah said retraction in the verse is a firm resolution to have intercourse, the view of Ibn ‘Abbas, Al-Hasan, and Qatadah.

(2) The statement: "Free a slave...", This hadith indicates several rulings:

The order of expiation options.

The slave need not be a believer, unlike in expiation for killing.

The fasting must be consecutive.

Expiation is not entirely waived due to inability, as in As-Subul.

Expiation is freeing a slave before intercourse. If unable, the one who made zihar must fast two consecutive months before intercourse, excluding Ramadan and the five forbidden days. If unable to fast, feed sixty poor people, each receiving half a sa’ of wheat or one sa’ of dates or barley. It must be given before intercourse but need not be repeated if intercourse occurs during feeding, as in Al-Hidayah, Ar-Radd al-Muhtar, and Ad-Durr al-Mukhtar, summarized.

(3) The statement: "He made his wife unlawful like his mother’s back until Ramadan ended...", This means he made zihar until Ramadan ended. At-Tibi said: "This indicates the validity of temporary zihar." Qadi Khan said: "If one makes temporary zihar, he is considered to have made zihar immediately, and it expires after the specified time." As in Al-Maraqi.

A wasq of dates is equivalent to a sa‘ of barley; give gold to the poor.

The Messenger of Allah ﷺ gave one sa' of dates as expiation for a poor person and commanded the people to do so. If someone could not afford it, they were to give half a sa' of grain (to each poor person as expiation).

the Messenger of Allah ﷺ gave fifteen saa' as financial aid, and others also contributed until the amount was complete.

Salman ibn Sakhr, also known as Salamah ibn Sakhr al-Bayadi, narrated that he made his wife like his mother’s back until Ramadan passed. When half of Ramadan had gone, he had intercourse with her at night. He went to the Messenger of Allah (ﷺ) and mentioned this to him. The Messenger of Allah (ﷺ) said to him: “Free a slave.” The apparent meaning of the verse and the hadith indicates that it is not required for the slave to be a believer. This was the opinion of Ata, al-Nakha‘i, and Zayd ibn Ali. Imam al-Sarakhsi said: “The text mentions the term ‘slave’ without any indication of the attribute of belief or disbelief. Restricting it to the attribute of belief would be an addition, and adding to the text is abrogation, which cannot be established by a solitary report or analogy. Furthermore, the unrestricted term has a ruling, which is its generality, and restricting it to the specific negates its ruling.”

(3) His statement regarding one who makes a declaration of zihar and has intercourse before expiating: He said: “One expiation,” meaning if he has intercourse before expiating, no additional expiation is required due to the intercourse. The only obligation is the initial expiation, meaning nothing else is required beyond the first expiation based on this hadith. This is the view of the four Imams. However, we also hold that he should seek forgiveness from Allah, as transmitted in al-Muwatta from the statement of Malik. Nuh Afandi quoted Allamah Qasim, who mentioned that Muhammad reported it in “al-Asl” as a raised hadith. The intended meaning of seeking forgiveness is repentance from this sin, which is the prohibition of intercourse before expiation.

In the Hanafi school, a man would have sexual intercourse with as many women as he wished before paying the expiation for zihar, but if he had sexual intercourse with his wife before paying the expiation, only one expiation would be required.

‘Ikrimah narrated from Ibn ‘Abbas (may Allah be pleased with him) that a man made zihar against his wife, then had intercourse with her before atoning. He came to the Prophet (ﷺ) and mentioned this. The Prophet (ﷺ) said, "What made you do that?" He said, "O Messenger of Allah, I saw the whiteness of her ankles in the moonlight and could not control myself." The Messenger of Allah (ﷺ) smiled and ordered him not to approach her until he atoned. [Narrated by Ibn Majah]

Tirmidhi narrated a similar hadith and said: "This is a hasan sahih gharib hadith." Abu Dawud and Nasa’i narrated it with connected and disconnected chains. Nasa’i said: "The disconnected chain is more likely correct."

(2) The statement: "Not to approach her until he atones", If he has intercourse before atonement, he must seek forgiveness and atone for zihar only. No additional expiation is required for the unlawful intercourse, and he must not repeat it until atoning, as in Sharh al-Wiqayah.

And Abu Dawud and Nasa'i have also narrated this hadith as musnad and mursal through both chains. Another hadith: One should seek forgiveness for this person.

Sulayman ibn Yasar narrated from Salamah ibn Sakhr (may Allah be pleased with him) that the Prophet (ﷺ) said about one who made zihar and had intercourse before atoning, "One expiation." [Narrated by Tirmidhi and Ibn Majah]

Malik said: "Whoever makes zihar against his wife and touches her before atoning owes only one expiation and must abstain until he atones and seeks Allah’s forgiveness." Malik said: "This is the best I have heard."

Muhammad said in Al-Asl: "It reached us that the Messenger of Allah (ﷺ) was told about a man who made zihar against his wife and had intercourse before atoning. The Prophet (ﷺ) ordered him to seek Allah’s forgiveness and not to repeat it until atoning." Muhammad’s reports are connected, and he connected it in Kitab as-Siyam.

(3) His statement regarding one who declares his wife like his mother’s back and has intercourse before expiating: He said, “One expiation,” meaning if he has intercourse before performing the expiation, no additional expiation is required due to the intercourse. The only obligation is the initial expiation, meaning nothing else is required beyond the first expiation based on this hadith. This is the view of the four Imams. However, according to us [the Hanafis], he should also seek forgiveness from Allah, as transmitted in the Muwatta from the statement of Malik. Nuh Afandi quoted Allamah Qasim, who mentioned that Muhammad [ibn al-Hasan] reported it in The Source as a raised hadith. The intended meaning of seeking forgiveness is repentance from this sin, which is the prohibition of intercourse before expiation.

Sulayman ibn Yasar narrated from Salamah ibn Sakhr (may Allah be pleased with him) that the Prophet (ﷺ) said about one who made zihar and had intercourse before atoning, "One expiation." [Narrated by Tirmidhi and Ibn Majah]

Malik said: "Whoever makes zihar against his wife and touches her before atoning owes only one expiation and must abstain until he atones and seeks Allah’s forgiveness." Malik said: "This is the best I have heard."

Muhammad said in Al-Asl: "It reached us that the Messenger of Allah (ﷺ) was told about a man who made zihar against his wife and had intercourse before atoning. The Prophet (ﷺ) ordered him to seek Allah’s forgiveness and not to repeat it until atoning." Muhammad’s reports are connected, and he connected it in Kitab as-Siyam.

(3) His statement regarding one who declares his wife like his mother’s back and has intercourse before expiating: He said, “One expiation,” meaning if he has intercourse before performing the expiation, no additional expiation is required due to the intercourse. The only obligation is the initial expiation, meaning nothing else is required beyond the first expiation based on this hadith. This is the view of the four Imams. However, according to us [the Hanafis], he should also seek forgiveness from Allah, as transmitted in the Muwatta from the statement of Malik. Nuh Afandi quoted Allamah Qasim, who mentioned that Muhammad [ibn al-Hasan] reported it in The Source as a raised hadith. The intended meaning of seeking forgiveness is repentance from this sin, which is the prohibition of intercourse before expiation.