It is forbidden for the mudhaahir (the person that proclaims the dhihaar) to have sexual intercourse with his wife before his kaffaarah. There is no difference of opinion about this among the scholars if the kaffaarah is freeing a slave or fasting. Allaah says: "He should free a slave before he touches her." Again, He says, "Whoever does not have the ability to free a slave should fast two consecutive months before he touches her." (Q58[Mujaadalah]: 3-4). The majority of the scholars are of the opinion that the kaffaarah of feeding is the same as the above. Sexual intercourse is forbidden until he has fed the sixty needy people. Among the scholars that hold this position are Ata, Az- Zuhri, Ash-Shaafi ee and the companions of ray (analogical deductions) .
Abu Thawree holds the position that the husband can haveintercourse before the kaffaarah of feeding. Something similar was reported from Ahmad since Allaah did not forbid touching (sexual act) before it (feeding) as in the case of both feeding and fasting. Our own position is in accordance with what Ikrimah reported from Ibn "Abbaas, that a man came to the Prophet (salallahu alayhi wa sal/am) and said, "0 Messenger of Allaah! I proclaimed adh-dhihaar on my wife, and I have had sexual intercourse with her before kaffaarah." The Prophet (salal/ahualayhi wa sallam) said: "What prompted you to do that? May AIlaah show His mercy on you." He said, "I saw her anklet revealed by the brightness of the moon." He (the Prophet) said: "Do not go near her (have intercourse with her) until you do what AIlaah has commanded you." (Abu Dawud)
However, deriving pleasure from other parts of her body, apart from her private parts, for example, kissing her, touching her, fondling her without sexual intercourse is a matter about which there are two positions. The first position is that it is haraam. This is the opinion of Abu Bakr. It is the statement of Awzaee, Abu Ubayd, Maalik, Az- Zuhri and the people of ray. It was also reported to be the position of An-Nakhaee and one of the two Positions of Ash-Shaafl ee; because a statement that forbids sexual intercourse also forbids what will call for it. The second position is that it is not forbidden. Ahmad said, "I hope there should be no harm in it."
It is also the statement of Thawree, Ishaaq, Abu Haneefah. It was also reported from Maalik and is one of the two positions from Shaafiee. A specified adh-dhihaar is valid, for example if a husband said, you are like my mothers back to me or until the month of Ramadan lapses."After the expiration of the time, the adh-dhihaar has ended without any need for any kaffaarah. He will take her back during the period except by sexual intercourse.
This is the statement of Ibnn"Abbaas (RA), Ata, Qatadah, Ath- Thawree and is one of the two positions of Shaafiee. His second position isthat it is not adh-dhihaar. On the other hand, Tawoos said if he does a specified adh dhihaar,kaffaarah is still obligatory. According to Ibn Qudaamah, their position is the hadeeth of Salamah bin Sakhar who said, "I did adhdhihaar with my wife till the end of Ramadan." He informed thenProphet (salallahu alayhi wa sallam) that he had sexual intercourse with her during the month of Ramadaan and the Prophet (salallahu alayhi wa sallam) commanded him to do kaffaarah.
This article was culled from the publications of Deen Communication Limited