Whoever takes an oath and makes an exception (istithna'), then if he wills he may act, and if he wills he may refrain without breach of oath." Reported by Imam Ahmad, Abu Dawud, and al-Nasa'i (63). If he says: "You are forbidden to me, and by Allah, I will not speak to you, if Allah wills," the exception applies to both in one of the two views, because when an exception follows multiple clauses, it applies to all of them, unless he intends the exception for only some of them, in which case it returns only to those. If he says: "You are forbidden to me if Allah wills," or "except what Allah wills," or "until Allah wills," or "whatever Allah wills," all of these are exceptions that lift the ruling of zihar. If he says: "If Allah wills, you are forbidden," it is an exception that lifts the ruling of zihar, because when a condition precedes, it is answered with the 'fa' particle. If he says: "If Allah wills, you are forbidden," it is an exception, because the 'fa' is implied. If he says: "If Allah wills, then you are forbidden," it is also valid, and the 'fa' is superfluous. If he says: "You are forbidden to me, if Allah wills, and Zayd wills," then Zayd wills, he does not become a person who has performed zihar (64), because he attached it to two conditions, so it is not realized by one of them alone (65).

1310- Issue: He said: "If he dies, or she dies, or he divorces her, the expiation is not binding upon him. If he returns and marries her, he must not have intercourse with her until he performs the expiation; because the breach of oath occurs upon returning, which is the act of intercourse; for Allah (Exalted and Majestic is He) made the expiation binding upon the one who performs zihar before the breach of oath."

The discussion regarding these issues (1) consists of three sections:

One of them: That expiation is not due merely upon zihar; so if one of them dies or he separates from her before