returning, there is no expiation upon him. This is the view of 'Ata', al-Nakha'i, al-Awza'i, al-Hasan, al-Thawri, Malik, Abu 'Ubayd, and the اصحاب الرأي (People of Opinion). Tawus, Mujahid, al-Sha'bi, al-Zuhri, and Qatada said: Expiation is upon him merely by the act of zihar, because it is a cause for expiation (2), and it has been fulfilled. Furthermore, because expiation was made mandatory due to the utterance of a reprehensible and false statement, and this is achieved merely by the act of zihar. Al-Shafi'i said: Whenever he retains her after his zihar for a period in which he could have divorced her, and he does not divorce her, then expiation is upon him, because that constitutes the 'returning' according to him. Our evidence is the saying of Allah (the Exalted): {And those who perform zihar with their wives and then return to what they said, then [there is] the freeing of a slave} (3). He made expiation mandatory through two matters: zihar and returning; thus it is not established by one of them alone. Furthermore, expiation in zihar is an expiation for an oath, so it is not breached without a breach, like all other oaths. The breach therein is the 'returning', and that is performing the action he swore to refrain from, which is intercourse. Refraining from divorcing her is not a breach in this context, nor is it the performance of what he swore to refrain from, so expiation is not due upon it. Furthermore, if retaining her were 'returning', expiation would be mandatory upon the one who performs a temporary zihar (4) even if he fulfills his oath. Yet, al-Shafi'i has explicitly stated that it is not mandatory upon him. When this is established, there is no expiation upon him if one of them dies before he has intercourse with her. Likewise, if he separates from her, whether that is delayed from his oath or immediate. If either of them dies, the other inherits from them, according to the view of the majority. Qatada said: If she dies, he does not inherit from her until he performs expiation. Our evidence is that whoever would inherit from her if he performs expiation would also inherit from her if he did not perform it, similar to the one who performs ila' (vow of abstention) from her.

The Second Section: If he divorces the woman from whom he performed zihar, then remarries her, it is not lawful for him to have intercourse with her until he performs expiation. This applies whether the divorce was three, or less than that, and whether she returned to him (5) after another husband or before. Ahmad stated this explicitly, and it is the view of 'Ata', al-Hasan, al-Zuhri, al-Nakha'i, Malik, and Abu 'Ubayd. Qatada said: If she becomes irrevocably separated, the zihar lapses, so if he returns and marries her (6), there is no expiation upon him.