is an acceleration of it before its obligation, due to the existence of its cause, like accelerating the payment of Zakat before the completion of the hawl (lunar year) and after the obligation of the nisab (minimum threshold).
Section: If the one performing Zihar is a Dhimmi (a non-Muslim subject under Islamic protection), his expiation is performed by manumission or feeding [the poor]; because this is valid for him in matters other than expiation, so it is valid for him in it. It is not permissible through fasting; because it is a purely devotional act, and the disbeliever is not among those qualified for it, and because it is not valid from him in matters other than expiation, so it is not valid from him in it. It does not suffice him in manumission except the manumission of a believing slave. If such a slave is in his possession, or he inherited one, it suffices for him. If that is not the case, he has no way to purchase a believing slave; because it is not valid for a disbeliever to purchase a Muslim. His expiation must be performed by feeding, unless he says to a Muslim: "Manumit your slave on behalf of my expiation, and I will bear the price." This is valid according to one of the two narrations. If the Dhimmi embraces Islam before performing the expiation by feeding, his ruling is that of the slave; he manumits before performing the expiation by fasting, according to what has preceded, because he is in that same meaning. If he performs Zihar while he is a Muslim, then apostatizes, and fasts during his apostasy for his expiation, it is not valid. If he performs the expiation by manumission or feeding, Ahmad has expressed the opinion that it does not suffice him. The Qadi said: The school holds that this is suspended; if he embraces Islam, it becomes clear that it sufficed him, and if he dies or is killed, it becomes clear that it was not valid from him, like the rest of his disposals.
1324 - Issue; he said: "Whoever has intercourse before providing the expiation is a sinner, and the mentioned expiation is upon him."
We have previously mentioned that it is forbidden for the one who performed Zihar to have intercourse with his wife before performing the expiation; due to the statement of Allah the Almighty regarding manumission and fasting: {before they touch one another} (1). If he has intercourse, he disobeys his Lord for violating His command, and the expiation becomes established in his liability; so it does not lapse after that by death, divorce, or (2) anything else, and the prohibition of his wife for him remains in its state until he performs the expiation. This is the opinion of the majority of scholars. This has been narrated from Sa'id ibn al-Musayyab, 'Ata', Tawus, Jabir ibn Zayd, Murriq al-'Ijli (3), and Abu Mijlaz,
(1) Surah al-Mujadilah, 3, 4. (2) Omitted from the original (al-Asl). (3) Murriq ibn Musharrij al-'Ijli al-Basri, a Tabi'i, trustworthy, died after the first century. Tahdhib al-Tahdhib, 10/331.
