Question:
Is zihar possible to take place temporarily within a specific period of time?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Lexically, zihar (ظِهَار) is a derivative verb originated from the root word ‘za ha ra’ (ظَاهَرَ) in a phrase ‘zahara min imra’atihi’ (ظَاهَرَ مِن امْرَأَتِهِ) which means ‘pronouncing zihar upon one’s wife’. In the real application, zihar refers to words of a husband upon his wife: “Anti kazahri ummi” (أَنْتِ كَظَهْرِ أمِّي) which means: “You are like the back of my mom”.
Technically, zihar is defined as words of a husband which indicates comparison of his wife with his mother’s back of the body. The aspect of comparison done depicts as if his wife is haram for him to have intercourse with as it is haram to have intercourse with a biological mother or other mahram.
The ruling of pronouncing zihar is haram as stated in the excerpts of al-Quran and scholarly consensus (ijma’). Allah SWT says:
الَّذِينَ يُظَاهِرُونَ مِنكُم مِّن نِّسَائِهِم مَّا هُنَّ أُمَّهَاتِهِمْ ۖ إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ ۚ وَإِنَّهُمْ لَيَقُولُونَ مُنكَرًا مِّنَ الْقَوْلِ وَزُورًا ۚ وَإِنَّ اللَّـهَ لَعَفُوٌّ غَفُورٌ
Those who pronounce zihar among you [to separate] from their wives - they are not [consequently] their mothers. Their mothers are none but those who gave birth to them. And indeed, they are saying an objectionable statement and a falsehood. But indeed, Allah is Pardoning and Forgiving.
Surah al-Mujadalah (2)
Referring back to the question asked, the ruling is it is valid (sah) to pronounce zihar upon one’s wife for a certain temporary period (according to al-azhar opinion). (Refer Mughni al-Muhtaj, pg 454). It is because it is considered as a zihar with condition. The example of its pronouncement is: “You to me like my mother’s bottom for a month”. By these words, zihar is inflicted upon the wife for a month, then the ruling of zihar will end and the wife will be halal again for him to have intercourse with as before zihar took place. Still, the husband will still be sinful as pronouncing zihar is haram, even if it takes place for a short period of time. If this temporary zihar lasts for more than four months, then it will be considered as ila’. It’s just the husband will not be imposed with kaffarah for ila’ if he has intercourse with his wife before the period of time ends as there is no presence of curse. Still, the kaffarah for zihar is still applicable on him [al-Nawawi]. (Refer Mughni al-Muhtaj, pg. 455)
Wallahua’lam.