2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ibn Bukayr from ‘Ubayd ibn Zurarah who has said the following: “Abu ‘Abd Allah , has said, ’Divorce is not a divorce unless it is intended to be a divorce, and Zihar is not Zihar unless it is intended to be so.’”

3. Ali has narrated from his father from ibn Mahbub from ibn Ri’ab from Zurarah who has said the following: “I once asked abu Ja’far , about al-Zihar. He (the Imam) said, ’It applies to all relatives (Dhi Mahram) like mother, sister, paternal or maternal aunts. Al-Zihar is not by swearing.’ I then asked, ’How does it take place?’ He (the Imam) said, ‘It happens by a man’s saying to his wife when she is clean of Hayd (menses) and sexual intercourse, ‘You are unlawful to me like the back of my mother or sister’, and he thereby intends al-Zihar.’”

4. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from ibn Bukayr from a man of our people from a man who has said the following: “I once asked abu al-Hassan , about my saying to my wife, ‘You are like the back of my mother if you went out of the room’ and she went out of the room. He (the Imam) said, ‘There it does not have any valid effect on you.’ I then said, ‘I am strong to expiate.’ He (the Imam) said, ‘You do not owe anything because of it.’ I said, ‘I am strong to set free one or two slaves.’ He (the Imam) said, ‘You do not owe anything because of it, regardless you are strong or not strong.’”

5. Ibn Faddal has narrated from the one who narrated to him who has said the following: “Abu ‘Abd Allah , has said, ‘Al-Zihar can take place only in the environment of divorce.’”

6. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu Najran from Ibn Abi ‘Umayr from ‘Abd Allah ibn al- Mughirah and others who has said the following: “Hamzah ibn Humran married the daughter of Bukayr. In the night that she was to be brought to him women said to him that divorce does not matter to you much and it is not important for you. ‘We will not bring her (the bride) to you until you form al-Zihar about the mothers of your children.’ He (the narrator) has said that he agreed to do so and mentioned it to abu ‘Abd Allah . He (the Imam) commanded him to settle (keep) them.’”

7. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and abu al-‘Abbas al-Razzaz from Ayyub ibn Nuh all from Safwan from Ibn Abi ‘Umayr from ‘Abd Allah ibn al-Mughirah who has said the following: “Hamzah ibn Humran married daughter of Bukayr. In the night that she was to be brought to him women said to him, ‘We would not bring her to you until you swear. We will not agree to your swearing about setting free slaves because you do not consider it anything important; but you must swear about al-Zihar and form al-Zihar about the mothers of your children and slave-girls.’ He formed al-Zihar about them, then he mentioned it to abu ‘ Abd Allah . He (the Imam) said, ‘You do not owe anything because of it and you can go back to them.’”

8. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan who has said the following: “I once asked abu ‘Abd Allah , about the case of a man who doubts a great deal in his wudu. He then says, ‘If I repeat my Salat (prayer) or wudu (because of doubts), then my wife will be like the back of my mother and swears for it about divorce.’ He (the Imam) said, ‘It is of the misdeeds of Satan. He does not owe anything because of it.’”

9. Ali ibn Ibrahim has narrated from his father and A number of our people have narrated from Ahmad ibn Muhammad from ‘Uthman ibn ‘Isa from Sama‘ah from abu Basir who has said the following: “I once heard abu ‘Abd Allah , saying that once a man came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, ‘O Messenger of Allah, I have formed al-Zihar with my wife’. He (the Messenger of Allah) said, ‘Go and set free a slave.’ He said, ‘I do not have anything.’ He (the Messenger of Allah) said, ‘Go and fast for two consecutive months.’ He said, ‘I cannot do so.’ He (the Messenger of Allah) said, ‘Go and feed sixty destitute people.’ He said, ‘I do not have that much food.’ He (the Imam) has said that the Messenger of Allah then said, ‘I will do it for you.’ He (the Messenger of Allah) gave him dates to feed sixty destitute people and told him to give to them.’ He then said, ‘I swear by the One who has sent you with truth, I do not know of anyone between the two mountains on both sides of this city needier to this date than myself and my family.’ He (the Messenger of Allah) said, ‘Go, eat thereof and feed to your family.’”

10. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil ibn Darraj who has said the following: “I once said to abu ‘Abd Allah , that a man says to his wife that she is like the back of his paternal or maternal aunt. He (the Imam) said, ‘It is al-Zihar.’ He (the narrator) has said that we asked him (the Imam) about al-Zihar and about when expiation becomes due on such man. He (the Imam) said, ‘It is when he wants to go to bed with his wife.’ I then asked, ‘Will there be expiation if he divorces her before going to bed with her?’ He (the Imam) said, ‘Expiation does not fall off of him.’ I then asked, ‘If he fasts a part of fasting, then he falls ill and he discontinues his fast, must he start it all over again or continue from where he had left to complete what he owes?’ He (the Imam) said, ‘If he has fasted one month, then has fallen ill, he must start all over again, but if he has done more than one month by one day or two days he can continue from there onward to complete the rest.’ He (the narrator) has said that he (the Imam) said, ‘Free and slaves are the same except that slaves owe one-half of expiation on a free person. He (a slave) does not owe setting free of slaves or charity. He must only fast for one month.’”

11. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-Razzaz from Ayyub ibn Nuh from Safwan ibn Yahya from Ishaq ibn ‘Ammar who has said the following: “I once asked abu Ibrahim , about the case of a man who forms al-Zihar about his slave-girl. He (the Imam) said, ‘Free and slaves are the same in al-Zihar.’”

12. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from al-‘Ala’ from Muhammad ibn Muslim who has said the following: “I once asked one of the two Imam, (abu Ja‘far or abu ‘Abd Allah), ‘Alayhim al-Salam, about the case of a man who forms al-Zihar about his wife five times or more. He (the Imam) said, Tor every time there is expiation.’ He (the narrator) has said, ‘I asked him (the Imam) about a man who forms al- Zihar about his wife, then divorces her before going to bed with her; if there is expiation on him. He (the Imam) said, ‘No, there is no expiation on him.’ He (the narrator) has said, ‘I asked him (the Imam) about al-Zihar of free and a slave-girl. He (the Imam) said, ‘Yes, it can happen.’ It was asked, ‘If it takes place in the month of Sha’ban and he cannot find a slave to free.’ He (the Imam) said, ‘He must wait until he completes fasting of the month of Ramadan, then fast for two consecutive months; and if he forms al-Zihar on a journey he must wait until he comes home. If he fasts then finds assets, he continues with what he has started.’”

13. Muhammad ibn Ahmad has narrated from ibn abu Najran from Muhammad ibn Humran who has said the following: “I once asked abu ‘Abd Allah , about the case of a slave if there is al-Zihar on him. He (the Imam) said, ‘He owes one-half of what becomes due on free people. He owes only to fast one month and setting free of slaves does not apply to him as well as charity.’”

14. Ali ibn Ibrahim has narrated from his father from ibn abu ‘ Umayr from Hammad from al-Halabiy who has said the following: “I once asked abu ‘Abd Allah , about the case of a man who forms al-Zihar about his wife three times. He (the Imam) said, ‘He must pay expiation three times.’ I then asked about if he goes to bed with her before paying expiation. He (the Imam) said, ‘He must ask forgiveness from Allah and abstain until he pays expiation.’”

15. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub from abu Hamzah al-Thumaliy who has said the following: “I once asked abu Ja‘far , about a slave if there is expiation for al-Zihar on him. He (the Imam) said, ‘He owes one-half of what is due on a free person of fasting, and setting free of slaves as expiation does not apply in his case as well as paying charity.’”

16. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Hafs ibn al-Bakhtariy who has said the following: “About the case of a man who had ten slave-girls and formed al-Zihar about all of them by one statement, abu ‘Abd Allah, or abu al-Hassan , has said that he must pay ten expiations.’”

17. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah and from more than one person from abu Basir who has said the following: “He (the Imam) has said, ‘If one goes to bed with the woman for the second time before paying expiation he must pay another expiation’ He (the narrator) has said that there is no differences in this issue.’”

18. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan from Sayf al-Tammar who has said the following: “I once asked abu ‘ Abd Allah , about the case of a man who says to his wife, ‘You are like the back of my sister, maternal or paternal aunt.’ He (the Imam) said, ‘Allah has mentioned the mothers, this certainly is unlawful. ’”

19. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn Mahziyar from who has said the following: “‘Abd Allah ibn Muhammad once wrote to abu al-Hassan , saying, ‘I pray to Allah to keep my soul in service for your cause, certain ones of your followers think that if a man speaks the statement of al-Zihar, then expiation becomes due, violating the swearing or not. They say that its sinfulness and violation is in the very statement of al-Zihar and expiation is as penalty for such statement. Certain others think that expiation is not due unless swearing is violated in something about which he swears, and if he violates then expiation is due on him, otherwise, there is no expiation. He (the Imam) , signed the answer in his own handwriting that said, ‘Expiation does not become obligatory until violation of oath occurs.”’

20. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar from Safwan who has said the following: “Once, al-Husayn ibn Mehran asked abu al-Hassan al-Rida’ , about a man who formed al-Zihar about four women. He (the Imam) said, ‘He owes expiation for each one.’ He asked him (the Imam) about a man who formed al-Zihar about his wife and his slave-girl and what must he pay. He (the Imam) said, ‘For each one he must pay expiation in the form of freeing a slave or fasting two consecutive months or feeding sixty destitute people.’”

21. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father from all from ibn Mahbub from Jamil ibn Salih from al-Fudayl ibn Yasar who has said the following: “I once asked abu ‘Abd Allah , about a Mumlak (a man owned as offspring of slaves) who expresses al-Zihar (calling one’s wife as one’s mother) about his wife. He (the Imam) said to me, ‘It is not al-Zihar (calling one’s wife as one’s mother) or swearing before going to bed with her.’”

22. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ali ibn al-Hakam from Mu‘awiyah ibn Wahab who has said the following: “I once asked abu ‘Abd Allah , about the case of a man who says to his wife that she is like the back of his mother to him. He (the Imam) said, ‘The expiation for it is setting free of a slave or fasting for two consecutive months or feeding sixty destitute people. For freeing a slave, a child born in Islam is sufficient.’”

23. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from Jamil an ibn Bukayr and Hammad ibn ‘Uthaman who has said the following: “Abu ‘Abd Allah , has said, ‘If one who has expressed al-Zihar (calling one’s wife as one’s mother) about his wife, divorces her then expiation cancels out and it no more is applicable to his case.’” Ali ibn Ibrahim has said that if a man divorces his wife or takes his slave-girl out of his possession he then does not owe expiation of al-Zihar unless he goes back to his wife and returns his slave-girl into his possession. When he does so then it is not proper for him to go near them without paying the expiation.

24. A number of our people have narrated from Sahl ibn Ziyad from al-Qasim ibn Muhammad al-Zayyat who has said the following: “I once said to abu ‘Abd Allah , ‘I have expressed the statement of al-Zihar about my wife.’ He (the Imam) asked, ’How did you say it?’ I replied that it was, ‘You are like the back of my mother to me if you did so and so.’ He (the Imam) said, ‘It does not have any valid effect but you must not repeat it again.’”

25. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn abu Nasr who has said the following: “Al-Rida’ , has said, ‘Al-Zihar (calling one’s wife as one’s mother) does not take place upon anger (if expressed because of anger).”’

26. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from Ahmad ibn al-Hassan from “Amr ibn Sa‘id from Musaddiq ibn Sadaqah from ‘Ammar ibn Musa who has said the following: “I once asked abu ‘Abd Allah , about al-Zihar (calling one’s wife as one’s mother) which brings about the obligation. He (the Imam) said, ‘It is exactly that whereby a man wants al- Zihar.’”

27. Ali ibn Ibrahim has narrated from his father from al-Nawfaliy from al-Sakuniy who has said the following: “Abu ‘Abd Allah , has said that ’Amir al-Mu’minin has said, ‘When a woman says, “My husband is unlawful like the back of my mother” expiation does not become due on her thereby.’ He (the Imam) said that once a man from al- Ansar (people of al-Madinah) from Banu al-Najjar came to the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, and said, ‘I have expressed the statement of al-Zihar about my wife, then went to bed with her before paying the expiation.’ He (the Messenger of Allah) asked, ‘What made you do so?’ He replied, ‘When I expressed the statement of al-Zihar about her I then saw her shining anklet in the moonlight and the whiteness of her leg, then I went to bed with her before paying the expiation.’ He (the Messenger of Allah) said, ‘Stay away from her until you pay the expiation.’ He (the Messenger of Allah) commanded him to pay the expiation once and ask forgiveness from Allah.’”

28. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar or others from al-Hassan ibn Ali from Ali ibn ‘Uqbah, from Musa ibn ‘Ukayl al-Numayriy, from certain persons of our people who has said the following: “About the case of a man who expresses the statement of al-Zihar about his wife then divorces her, abu ‘Abd Allah , has said, ‘Expiation does not apply to his case when he divorces before going to bed with her.’ It was then asked, ‘What happens if he goes back to her?’ He (the Imam) said, ‘If he has divorced her to escape from expiation, then goes back to her, expiation is obligatory for whenever he goes to bed with her, but if he divorced without such intention then it is not unlawful to go back to her and expiation is not due on him.’”

29. Abu Ali al-Ash‘ariy has narrated from Muhammad ibn ‘Abd al-Jabbar and al-Razzaz from Ayyub ibn Nuh all from Safwan who has said that abu ‘Uyaynah narrated from Zurarah who has said the following: “I once said to abu Ja‘far , ‘I have expressed the statement of al-Zihar about the mother of my children, then went to bed with her, then paid the expiation. He (the Imam) said, ‘This is how a faqih (scholar of law) man does; when he goes to bed he pays expiation.’”

30. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Zurarah who has said the following: “I once asked abu ‘ Abd Allah , about the case of a man who expresses the statement of al-Zihar about his wife, then goes to bed with her before paying expiation. He (the Imam) said, ’Is it not the way a faqih (scholar of law) man does? 5 ”

31. AI-Husayn from Muhammad has narrated from Mu‘alfa’ ibn Muhammad from al-Hassan ibn Ali from Aban from al-Hassan al-Sayqaf who has said the following: “I once asked abu ’Abd Allah , about the case of a man who expressed the statement of al-Zihar about his wife. He (the Imam) said, ’He must pay expiation.’ I then said, ‘He has gone to bed with her before paying the expiation.’ He (the Imam) said, ’He has come across a law of laws of Allah, most Majestic, most Glorious, and he must ask forgiveness from Allah and stay away until he pays expiation.’”

32. Ali ibn Ibrahim has narrated from his father and Muhammad ibn ’Isma‘il has narrated from af-Fadl ibn Shadhan from Ibn Abi ‘Umayr from ‘Abd al-Rahman ibn al-Hajj aj who has said the following: “Abu ‘Abd Allah , has said, ‘Al-Zihar is of two kinds. One kind is that because of which expiation becomes obligatory before going to bed with her, and the other kind is that for which expiation becomes obligatory after going to bed with her. The first kind is that in which one says, ‘For me you are like the back of my mother’ without saying, “If I did so and so with you.” The other kind is that for which expiation becomes obligatory after going to bed with her and it is that in which he says, ‘For me you are like the back of my mother if I come near you (for sexual intercourse).”’

33. Muhammad ibn abu ‘Abd Allah al-Kufiy has narrated from Mu‘awiyah ibn al-Hakim from Safwan from ‘Abd al-Rahman ibn al- Hajj a] who has said the following: “I once heard abu ‘Abd Allah , saying, ‘If one swear to express al-Zihar then violates it, expiation becomes obligatory on him before going to bed with her, but if he has expressed the statement of al-Zihar without swearing, then expiation becomes due on him after going to bed with her.’” Mu’awiyah has said that this is not correct from thinking point of view. Hadith has come and our people have narrated that swearing can only take place ’by Allah’ and that is about which Quran has come.’”

34. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all from ibn Mahbub from abu Ayyub al-Khazzaz from Yazid al-Kunasiy who has said the following: “I once asked abu Ja’far , about the case of a man who expresses the statement of al- Zihar about his wife, then divorces her once. He (the Imam) said, ’If he has divorced her once al-Zihar becomes void and divorce abolishes al-Zihar.’ I then asked, ‘What happens if he goes back to her?’ He (the Imam) said, ‘Yes, he can do so. She is his wife and if he went back to her he will owe what a man who has expressed the statement of al-Zihar owes before they touch each other.’ I then asked, ‘What happens if he allows until her waiting period ends and she becomes free of the bonds of marriage, and he then marries her; if there is expiation for al-Zihar before they touch each other. He (the Imam) said, ‘No, there is no expiation because she became stranger to him and was free of the bonds of marriage.’ I then asked, ‘What happens if he expresses the statement of al-Zihar about his wife, then leaves her without touching except that he sees her naked without touching; if expiation becomes obligatory. He (the Imam) said, ‘She is his wife, his going to bed with her is not unlawful, however, what is obligatory on him is what is obligatory on those who expressed the statement of al-Zihar about their wives before going to bed with her who is his wife.’ I then asked, ‘What happens if she brings him before the Sultan and says, ‘This is my husband who has expressed the statement of al-Zihar about me and he has withheld me. He does not touch me for fear of expiation which is obligatory on those who express the statement of al-Zihar.’ He (the Imam) said, ‘He (the sultan) cannot force him about the expiation of setting free of a slave or fasting for two consecutive months or feeding sixty destitute people if he is not able to set free a slave, fast for two consecutive months or feed sixty destitute people.’ He (the Imam) said, ‘If he is able in setting free of a slave or fasting for two consecutive months or feeding sixty destitute people, then the Imam must make him ready for setting free a slave and charity before he touches her or after he touches her.’”

35. Ibn Mahbub has narrated from al-‘ Ala’ from Muhammad ibn Muslim who has said the following: “I once asked abu Ja’far , about the case of a man who expresses the statement of al- Zihar about his wife, then divorces her before going to bed with her until she becomes stranger to him: if he owes expiation. He (the Imam) said, ‘No, expiation is not obligatory on him.’”

36. Ali ibn Ibrahim has narrated from his father from Salih ibn Sa‘id from Yunus from certain persons of his people who has said the following: “I once asked abu ‘ Abd Allah , about the case of a man, who expresses the statement of al-Zihar about his wife. He says, ‘For me you are like the back of my mother or like her hand, or like her belly, or like her vagina, or like her soul, or like her feet’; if this is al-Zihar and if he owes what one who expressed the statement of al-Zihar owes. He (the Imam) said, ‘If one expresses the statement of al-Zihar about his wife and says that she is like the back of his mother to him, or like her hand, like her leg, her hairs or something of her with the intention for it to be unlawful, then expiation becomes obligatory in a little or more of it. So also is the case if he says that she is like his relatives and expiation becomes obligatory on him.’”