Hadith 5595

Yahya related to me from Malik from Hisham ibn Urwa that hisfather said that a man who pronounced a dhihar from his four wives inone statement, had only to do one kaffara. Yahya related the same asthat to me from Malik from Rabia ibn Abi Abd ar-Rahman.Maliksaid, "That is what is done among us. Allah, the Exalted said aboutthe kaffara for pronouncing dhihar, 'It is to free a slave before theytouch one another. If he does not find the means to do that, thenfasting for two consecutive months before they touch one another. Ifhe cannot do that, it is to feed sixty poor people. ' " (Sura 58 ayats4,5).Malik said that a man who pronounced dhihar from hiswife on various occasions had only to do one kaffara. If he pronounceddhihar, and then did kaffara, and then pronounced dhihar after he haddone the kaffara, he had to do kaffara again.Malik said,"Some one who pronounces dhihar from his wife and then has intercoursewith her before he has done kaffara, only has to do one kaffara. Hemust abstain from her until he does kaffara and ask forgiveness ofAllah. That is the best of what I have heard. "Malik said,"It is the same with dhihar using any prohibited relations offosterage and ancestry."Malik said, "Women have no dhihar."Malik said that he had heard that the commentary on the wordof Allah, the Blessed, the Exalted, "Those of you who pronounce thedhihar about their wives, and then retract what they have said," (Sura56 ayat 3), was that a man pronounced dhihar on his wife and thendecided to keep her and have intercourse with her. If he decided onthat, he must do kaffara. If he divorced her and did not decide toretract his dhihar of her and to keep her and have intercourse withher, there would be no kaffara incumbent on him.Maliksaid,"If he marries her after that, he does not touch her until he hascompleted the kaffara of pronouncing dhihar."Malik said thatif a man who pronounced dhihar from his slave-girl wanted to haveintercourse with her, he had to do the kaffara of the dhihar before hecould sleep with her.Malik said, "There is no ila in a man'sdhihar unless it is evident that he does not intend to retract hisdhihar."