A husband tells his wife, 'You are forbidden to me as my sister is forbidden to me.' Does this create a legal prohibition? Is this considered a form of 'zihar'?
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1 Answer
Peace be upon you and God's mercy and blessings.
Grand Ayatollah Sayyid Khamenei and Grand Ayatollah Sayyid Sistani (may God protect them):
Firstly, zihar is not a form of divorce. If zihar occurs under the complete conditions, it results in the prohibition of sexual relations with the wife until the expiation is paid. This is different from divorce, where expiation alone is not sufficient for the wife to return to the marriage.
Secondly, zihar has a specific formulation, and for it to be valid, it must not have been uttered in anger—even if the anger does not negate the intention. It must also be stated in front of two witnesses, as is the case with divorce, and it should not occur during menstruation or postpartum bleeding. It must be during a period of purity in which the husband has not had sexual relations with her, among other conditions. If any of these conditions are not met, then his statement will not have any legal effect.
May you be successful in all good.
Source:
Grand Ayatollah Sayyid Khamenei (may God protect him): Tahrir al-Wasilah - Zihar + Special Inquiry.
Grand Ayatollah Sayyid Sistani (may God protect him): Minhaj al-Salihin - Vol. 3 - Zihar + Official Website