Heavenly Jewels
to his mother, milk- mother, sister or his mother- in- law then it will be Zihaar. (Alamghiri) Rllle- When a man says to his wife, "You are like my mother to me," then his Niyyat will be enquired. Ifhe intended respect then nothing is incurred. IfTalaaq was intended, then it is Talaaq-e-Bain, ifZihaar was intended then it is Zihaar, ifmaking Haraam was intended then it is Eela and iftherewas no Niyyat at all, then nothing is incurred. (Jauhara) Rllle- The Hukm of Zihaar is that kissing or touching the body of the woman with lust or having sexual intercourse with her is Haraam until the Kafaarah is given. Even kissing the l ips, without lust, is not allowed. Before the Kafaarah, if sexual intercourse takes place, then Tauba should be made but beware do not do this again. It is not pennissible for the woman also to allow her husband to be intimate with her. (Durre-Mukhtaar) Rule- Ifthe person who has made Zihaar intends sexual intercourse then Kafaarah becomes waaj ib upon him. Ifs Kafaarah is to free a slave boy or girl . If this cannot be accomplished then Rauza for two months consecutively should be kept and ifhe does not have the ability to do this also, then he should feed 60 poor people two meals to their hearts content. (Durre-Mukhtaar, Raddul-Muhtaar) Note- The learned Ulema should be asked to explain the detailed laws concerning the Kafaarah ofZihaar etc. KHULAA Khulaa is when a wife gives her husband an amount of wealth or forgives her mehr entirely or part of it in order to prompt and gain Talaaq from him. Rule- Khulaa is to absolve the Nikah in compensation for wealth. It is a condition that the woman accepts and without her accepting Khulaa will not take place. It's words are stipulated and Khulaa will not be done if words besides them are used. When the husband and wife makes Khulaa, then Talaaq-e-Bainwill occur and the Nikah between themwill 207
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