or her honor. It is not conditional upon a requirement, which indicates that he only intended zihar. Its occurrence during a dispute and anger is evidence that he intended by it that which relates to causing her harm and necessitates avoiding her, which is zihar. If this context is absent, it is not zihar, because it is highly probable that it refers to something other than zihar, so zihar cannot be established in it without evidence. This is the opinion of Abu Thawr. Likewise, if he says, "You are to me like my mother," or "like my mother," or if he says, "You are my mother," or "My wife is my mother," with evidence diverting it toward zihar, it is zihar, either through intention or that which takes the place of intention. If he says, "My mother is my wife," or "like my wife," it is not zihar, because it is a comparison of his mother, a description of her, and not a description of his wife.
Section Three: If he says, "You are forbidden to me," and he intends zihar by it, it is zihar according to the generality of the scholars. Abu Hanifah and al-Shafi'i hold this view. If he intends divorce by it, we have already mentioned it in the chapter on divorce. If he speaks absolutely, there are two narrations regarding it. One of them is that it is zihar; al-Khiraqi mentioned it in another place, and Ahmad explicitly stated it in a narration from a group of his companions. Ibrahim al-Harbi mentioned from Uthman, Ibn Abbas, Abu Qilabah, Sa'id ibn Jubayr, Maymun ibn Mihran, and al-Batti that they said: "'Forbidden' (haram) is zihar." It is narrated from Ahmad that which indicates that prohibition (tahrim) is an oath (yamin). It is narrated from Ibn Abbas that he said: "Prohibition is an oath in the Book of Allah, the Almighty and Majestic." Allah, the Almighty and Majestic, says: {O Prophet, why do you prohibit that which Allah has made lawful for you?}, then He said: {Allah has already ordained for you the dissolution of your oaths}. Most jurists hold that if he does not intend zihar by the term 'forbidden,' it is not zihar. This is the opinion of Malik, Abu Hanifah, and al-Shafi'i. The reasoning for this is the aforementioned verse, and that prohibition (tahrim) is categorized into various types: some are zihar, some are divorce, some are menstruation, some are ihram (ritual consecration), and some are fasting. Therefore, the term 'prohibition' is not explicit for any one of them, nor does it refer to it without intention, just as it does not refer to the prohibition of divorce.
(18) In (A) and (B): "indicates". (19) Preceded in: 10/397. (20) Surah al-Tahrim 1, 2. See what al-Daraqutni brought forth in: Kitab al-Talaq wa al-Khul' wa al-Ila' wa Ghayrihi (The Book of Divorce, Khul', Ila', and Others). Sunan al-Daraqutni 4/40. See also what preceded in: 10/398. (21) In (M): "and ihram".