المعنى الاصطلاحي :

Husband likening his wife to someone whom it is unlawful to have intercourse with, such as his mother, his sister, etc.

الشرح المختصر :

"Zhihār" (husband saying to wife: "You are to me like my mother's back." [thus declaring her unlawful to him]) is one of the false, invalid, and null statements. It is when a husband likens his wife to one of the women who are permanently forbidden for him in marriage, like his mother, sister, paternal aunt, maternal aunt, his brother's daughter, his sister's daughter, and others of a similar status, or those who are temporarily forbidden in marriage, like the wife's sister and the like. Zhihār has four essential elements: 1. "Mushabbih": the one who likens (his wife to a woman prohibited for him in marriage), and it refers to the husband. It is applicable if he is sane, pubescent, and have a free will. 2. "Mushabbah": the one who is likened, and it refers to the wife or a part of her body, such as her hand or back. There should be a valid marriage contract, and "zhihār" occurs regardless of whether the marriage has been consummated or not. This applies also to a revocable-divorced wife because she is still considered a wife. 3- "Mushabbah bihi": the one likened to, and it refers to the woman forbidden in marriage or part of her body, regardless of her being permanently or temporarily forbidden in marriage. 4- "Seeghah" (formula) of "zhihār": it is the statement indicating the husband's likening of the wife to a woman prohibited in marriage. It makes no difference whether the husband says it in the presence or absence of the wife and whether the statement is explicit, whereby his intent does not need investigation, as when he says: "You are for me like the back of my mother," or not explicit, in which case he should be asked about his intent, as when he says: "You are like my mother."

التعريف اللغوي المختصر :

"Zhihar": husband saying to his wife: "You are like my mother's back to me." Derived from "zhahr", which means the back; opposite: "batn" (abdomen).