and al-Tirmidhi (41), who said: A hasan (good) hadith. This is because he is a muthahir (one who has performed zihar) who has not performed expiation, so sexual intercourse with her is forbidden for him, just as it would be if his expiation were manumission or fasting. Omitting the explicit text regarding it (feeding) does not prevent drawing an analogy to the explicitly stated expiation, as it shares the same meaning.

Section: As for gratification through means other than sexual intercourse (42), such as kissing, touching, and intimacy short of the private parts, there are two narrations. The first is that it is forbidden. This is the choice of Abu Bakr, and it is the view of al-Zuhri, Malik, al-Awza'i, Abu 'Ubayd, and the scholars of opinion (ashab al-ra'y). This was also narrated from al-Nakha'i, and it is one of the two views of al-Shafi'i; because whatever wording makes sexual intercourse forbidden also makes the precursors to it forbidden, such as divorce and ihram (state of pilgrimage). The second is that it is not forbidden. Ahmad said: I hope that there is no harm in it. This is the view of al-Thawri, Ishaq, and Abu Hanifa. It is also narrated from Malik, and it is the second view of al-Shafi'i; because it is an act of intercourse whose prohibition is tied to financial compensation, so the prohibition does not extend beyond it, like intercourse with a menstruating woman.

Section: Zihar is not valid for one's slave-woman, nor for the mother of one's child (umm al-walad). This has been narrated from Ibn Umar, Abdullah ibn Amr, Sa'id ibn al-Musayyib, Mujahid, al-Sha'bi, Rabi'a, al-Awza'i, al-Shafi'i, and Abu Hanifa and his companions. It is narrated from al-Hasan, Ikrima, al-Nakha'i, Amr ibn Dinar, Sulayman ibn Yasar, al-Zuhri, Qatada, al-Hakam, al-Thawri, and Malik that there is a complete expiation for zihar from a slave-woman, because she is permissible for him, so zihar from her is valid just as it is for a wife. It is narrated from al-Hasan and al-Awza'i that if he has intercourse with her, then it is zihar, otherwise it is not; because if he does not have intercourse with her (43), it is like making his property forbidden. Ata' said: He is liable for half the expiation of a free woman, because the slave-woman is (considered as) half of a free woman.