Section: Whoever's divorce is not valid, his zihar is not valid, such as a child, or one whose intellect is removed due to insanity, fainting, sleep, or otherwise. We do not know of any disagreement regarding this. This is also the view of al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). The zihar of a coerced person is not valid. This is the view of al-Shafi'i, Abu Thawr, and Ibn al-Mundhir. Abu Yusuf said: His zihar is valid. The disagreement regarding this is based on the disagreement regarding the validity of his divorce, which has already passed.

Section: Zihar is valid from any wife, whether she is mature or young, Muslim or a dhimmi (protected non-Muslim), whether intercourse with her is possible or impossible. This is the view of Malik and al-Shafi'i. Abu Thawr said: Zihar is not valid from one with whom intercourse is not possible, because intercourse with her is not possible, and zihar is intended for the prohibition of intercourse with her. Our evidence is the generality of the verse, and because she is a wife whose divorce is valid, thus her zihar is valid, like anyone else.

1309 - Issue: He said: (And if he says to his wife: "You are to me like the back of my mother," or "like the back of a strange woman," or "You are forbidden to me," or he declares one of her body parts forbidden, he shall not have intercourse with her until he provides the expiation.)

There are five sections in this issue:

First: Whenever he compares his wife to one who is permanently forbidden to him, saying: "You are to me like the back of my mother," or "my sister," or others, he is a muthahir (one performing zihar). They are of three types: The first is that he says: "You are to me like the back of my mother." This is zihar by consensus. Ibn al-Mundhir said: The scholars reached a consensus that the explicit form of zihar is for him to say: "You are to me like the back of my mother." In the hadith of Khuwaylah, the wife of Aws ibn al-Samit, it is mentioned that he said to her: "You are to me like the back of my mother." She mentioned this to the Messenger of Allah (peace and blessings of Allah be upon him), and he ordered him to perform the expiation. The second type is that he compares her to the back of someone who is forbidden to him from his blood relatives, such as his grandmother,