His saying, exalted and majestic is He: "And those who make zihar from their wives, then return to what they said, a freeing of a neck before they touch each other. This is what you are admonished with. And Allah is All-Aware of what you do." "So whoever does not find [a neck to free], then fasting for two consecutive months before they touch each other. And whoever is unable, then feeding sixty needy people. That is for you to believe in Allah and His Messenger. And those are the limits of Allah. And for the disbelievers is a painful punishment." (p-246) The people have differed in the meaning of His saying, exalted and majestic is He: "then return to what they said." Some said: the meaning is: those who made zihar from their wives in the pre-Islamic period, as if He, exalted is He, said: those for whom zihar was their custom, then they return to that in Islam. This was said by al-Qatbi. The people of the apparent meaning said: the meaning is: those who make zihar, then make zihar a second time, so no expiation is required from them except by the man repeating the zihar. This was said by Mundhir ibn Sa'id: at that time he is returning to the saying which is denied and falsehood. This is a weak statement, even though al-Qushayri has reported it from Bakir ibn Abdullah ibn al-Ashajj. Some people said: in this verse there is a precedence and a delay, and its estimation is: "a freeing of a neck for what they said." This is also a statement that disrupts the structure of the verse. It has been reported from al-Akhfash, but it is not strong. Al-Qatadah, Tawus, Malik, and a large group of scholars have the meaning: "then return to what they said" means: by intercourse. The meaning is: then they return to what they said, that they do not return to it. So if a man makes zihar, then has intercourse, then at that time the expiation is obligatory upon him, whether he divorces or his wife dies. Al-Shafi'i, Abu Hanifah, Malik, and a group of scholars also said: "returning" means: with the intention of keeping the wife and having intercourse with her and committing to the expiation for that. So whenever this intention occurs from the one who makes zihar, the expiation becomes obligatory upon him, whether he divorces or his wife dies. These two statements are in the school of Malik, and they are both good. The expiation is obligatory in them with two conditions: zihar and returning. There is a difference regarding what is meant by "returning." Al-Shafi'i said: the returning that necessitates the expiation is that he refrains from divorcing her after zihar, and he proceeds - after zihar - with what he can divorce her in, so he does not divorce. And the "neck" in zihar is not permissible according to Malik except if it is a believer. He has restricted this absolute to the restricted one in the expiation for accidental killing. The people have differed in His saying, exalted and majestic is He: "before they touch each other." Al-Hasan, al-Thawri, and a group said: before intercourse, and they made the touching here: intercourse. So they permitted for the one who makes zihar kissing, lying with, and enjoying the upper part of the woman like during menstruation. The majority of scholars said: "before they touch each other" is general in the type of touching: intercourse and direct contact. So it is not permissible for the one who makes zihar to have intercourse, nor to kiss, nor to touch with his hand, nor to do anything of this type except after the expiation. This is the statement of Malik, may Allah have mercy on him. And His saying, exalted and majestic is He: "that" refers to "the freeing of a neck," meaning: doing that is an admonition for you to refrain from zihar.

And "the consecutive" in the two months is their fasting, and he does not differentiate between their days. It is permissible for a man to fast them by number, so he fasts sixty days consecutively. It is permissible for him to fast them by the moons, beginning with the crescent and breaking his fast with the crescent. If one of the two months comes short, that suffices for him. It is permissible if he begins his fast in the middle of the two months with part of the first month, to fast until the crescent, then fast a month by the crescent, then complete the first month by number. I do not recall any disagreement among the people of knowledge that the one fasting in the case of [UNTRANSLATED-LATIN: dhihar] if he disrupts the continuity by his choice, that he begins his fast anew. The people have differed if he disrupts it for a valid excuse like illness or forgetfulness and the like. The companions of opinion and al-Shafi'i in one of his sayings, and al-Nakha'i, and Ibn Jubayr, and al-Hakam ibn 'Uyaynah, and al-Thawri said: he begins anew. Malik, al-Shafi'i, and others said: he builds upon it. And they all agreed on the menstruating woman that she builds upon her fasting continuity.

And feeding the poor in [UNTRANSLATED-LATIN: dhihar] is by the Hashemite measure according to Malik, which is a measure and a third by the measure of the Prophet ﷺ. It is said two measures without a third. Ibn Wahb narrated from him that he feeds two measures by the measure of the Prophet ﷺ. Among the scholars are those who see the feeding of [UNTRANSLATED-LATIN: dhihar] as a measure by the measure of the Prophet ﷺ, and nothing suffices in the feeding of [UNTRANSLATED-LATIN: dhihar] except the completion of the number of the poor. It is not permissible to feed thirty times or anything similar. The food is the predominant sustenance of the land. Malik, 'Ata, and others said: feeding the poor is also before seeking a means to atone for the [UNTRANSLATED-LATIN: dhihar] by emancipation and fasting. Abu Hanifah and the majority of the people of knowledge said that Allah, the Exalted, did not specify a condition here, so we adhere to it. It is permissible for the one who has [UNTRANSLATED-LATIN: dhihar] if he is among those who can feed, to have relations before the expiation and enjoy.

And His saying, the Exalted: "That is so you may believe" is a reference to the concession and ease in transferring from emancipation to fasting and feeding. Then He emphasized with His saying: "And those are the limits of Allah," meaning: adhere to them and stop at them. Then He threatened the disbelievers with this statement and the legal ruling.