1. The kaffârah for zihâr is the same as that which was mentioned for fasting. There is no difference between the two. We have mentioned these masâ’il in detail in Part Three of Bahishti Zewar. Please refer to them. A few necessary matters which were not mentioned previously will be mentioned here.
1. A person says to his wife: “You are equal to my mother.”,”To me, you are equal to my mother”, “According to me, you are equal to my mother”, “According to me, now you are similar to my mother or like my mother”. In all the above cases, look at the intention of the person and what did he mean by these words. If he meant that she is similar or equal to his mother in respect and piety or that she is absolutely old just like his mother, equal in age to her, etc. then there will be nothing wrong in saying all these things and no rule will be enforced. Similarly, if he did not intend anything at the time of uttering these words or did not mean what he said but merely blurted these words out, even then no rule will be enforced.
1. A person takes an oath and says: “I swear by Allah that I will not engage in sexual intercourse”, “I swear by Allah that I will never have sex with you”, “I take an oath that I will not have sex with you.” Alternately, he takes an oath that is similar in meaning to the above-mentioned oaths. The rule with regard to this is that if he does not engage in sexual intercourse with her, talâqul bâ’in will take place on the expiry of four months. Without remarrying, they cannot live as husband and wife. But if the husband breaks his oath within four months and has sexual intercourse with his wife, divorce will not take place. However, he will have to pay the kaffârah for breaking his oath. In the Sharî‘ah, such an oath is called ’îlâ’ (which literally means “oath”).
1. When the husband issues one or two divorces that are raj’î, he has the choice or right to revoke such a divorce before the expiry of the wife’s ‘iddah. In such a case, there is no need to renew the nikâh. The woman has no choice in this matter – he can revoke the divorce irrespective of whether she agrees or not. But if he issues three divorces, he has no choice of revoking the divorce as explained previously.
1. If a man issues three divorces to his wife, she becomes completely haram for him. Even if they renew their nikâh, it will be harâm for this woman to live with him. This nikâh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her ‘iddah. Upon completing her ‘iddah, she can remarry her first husband. Without marrying a second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well.
After the bride’s departure from her parents’ home, the bride and bridegroom met in privacy and also engaged in sexual intercourse. Thereafter, if the husband issues one or two divorces in clear terms, talâqur raj’î will take place. If he utters the divorce in vague terms, talâqul bâ’in will take place. In talâqur raj’î he will have the choice of going back to his wife, while in talâqul bâ’in he will not have the choice. However, if he did not issue three divorces, they can re-marry within her ‘iddah (if both of them wish to remarry) and after the expiry of the ‘iddah as well. But if she wishes to marry another person, she can do so only after the expiry of her ‘iddah. But it should be borne in mind that the ‘iddah is necessary in all forms of divorce. As long as the ‘iddah has not expired, a second or third divorce can also be issued.
1. If a person has more than one wife it is wâjib upon him to treat each one equally. Whatever he gives to one wife, the other wife also has the right to claim something equal to that in value. This rule of equality applies to all types of wives, i.e. whether both were virgins at the time of marriage, both were previously married or one was a virgin at the time of marriage while the other had been previously married. If he spends one night with one wife, he will have to spend one night with the other wife as well. If he spends two or three nights with one wife, he will have to do the same with the other wife as well. Whatever wealth, jewellery, clothes, etc. he gives to one wife, the other wife also has the right to claim something equal to that in value.
1. Once a nikâh is performed, it will be valid irrespective of whether mention of any mahr was made or not. Despite it being valid, one will have to give the mahr . In fact, if a person makes the condition that he will not give any mahr and that he is marrying the woman without any mahr , he will still have to give the mahr .
At first, we formally detail below some necessary instructions about jinayat of Ihram.
Instruction.No.1
Jinayat of Ihram are as follows :
(1) To use Perfume.
(2) Males to wear sewn cloths.
(3) Males to cover their heads and faces while females to cover their faces only.
(4) To remove hair from any part of one’s body.
(5) To prune nails.
(6) To kill a louse or to remove it from one’s body.
(7) To have a sexual intercourse or to enjoy kissing and embracing lustfully.
(8) To hunt any of the land animals. (Ghunya).
The Most Important Practice Of The 10th ZilHijja
Other than Ihram there are only two fundamentals and Fardh obligations of Hajj. The First is Waqof-e-Arafat and the 2nd is Tawaf-e-Ziyarat of 10th Zilhijja. According to Sunnat this Tawaf is to be performed after your being free from Rami, sacrifice and Halq ; but the Fardh stands discharged even if Tawaf-e-Ziyarat is performed prior to all these practices.
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