for expiation; therefore, its ruling is not established without explicit wording, just like an oath by Allah the Almighty.

Section: It is disliked for a man to call his wife by the name of someone who is forbidden to him, such as his mother, sister, or daughter, due to what Abu Dawood reported (36) with his chain of narration from Abu Tamima al-Hujaymi that a man said to his wife, "O sister!" The Messenger of Allah (peace and blessings of Allah be upon him) said: "Is she your sister?" He disliked that and forbade it. This is because it is a phrase that resembles the wording of zihar. It does not become forbidden by this, nor is the ruling of zihar established, for the Prophet (peace and blessings of Allah be upon him) did not say to him, "She has become forbidden to you." Also, because this wording is not explicit in zihar, nor did he intend it by it (37), so the prohibition is not established. In the hadith from the Prophet (peace and blessings of Allah be upon him), it is stated that a tyrant sent for Abraham (peace be upon him) and asked him about her—meaning Sarah—and he said: "She is my sister" (38), and he did not consider that to be zihar.

The Fifth Chapter: That it is forbidden for the muthahir to have intercourse with his wife before he performs expiation. There is no disagreement regarding this if the expiation is manumission or fasting, because of the saying of Allah the Almighty: {Then [the expiation is] the freeing of a slave before they touch one another} (39), and His saying, Exalted is He: {And he who does not find [a slave] then a fast for two months consecutively before they touch one another} (39). Most scholars hold that expiation by feeding is like this, and that it is forbidden to have intercourse with her before expiation. Among them are Ata', al-Zuhri, al-Shafi'i, and the scholars of opinion (ashab al-ra'y). Abu Thawr went to the position that sexual intercourse is permitted before expiation by feeding. From Ahmad, there is a position that implies this, because Allah the Almighty did not forbid contact before it, as in the cases of manumission and fasting. Our evidence is what Ikrima reported from Ibn Abbas, that a man came to the Prophet (peace and blessings of Allah be upon him) and said, "O Messenger of Allah, I performed zihar upon my wife and had intercourse with her before I performed expiation." He said, "What led you to that, may Allah have mercy on you?" He replied, "I saw her anklet in the moonlight." He said, "Do not approach her until you do what Allah has commanded you" (40). Reported by Abu Dawood,