Section 2: The consequent rulings of the expiation of Dhihaar

It is forbidden to have intercourse with the wife before fulfilling the expiation:
a. In the event of offering expiation by freeing an enslaved person or fasting for two months: The scholars are in consensus that it is forbidden for the husband to have intercourse with his wife before fulfilling the expiation either by freeing an enslaved person or fasting for two months. The consensus is reported by Ibn Rushd and Ibn Qudaamah.
b. In the event of offering expiation by feeding the poor: The four Madhabs agree that it is forbidden for the husband to have intercourse with his wife before feeding the required number of people if feeding them was the option taken as expiation. This is the view of most scholars.
c. What needs to be done if one has intercourse with his wife before fulfilling the expiation of Dhihaar: If a person has intercourse with his wife before fulfilling the requirement of expiation, he is required to offer expiation for one time. This is according to the agreement of the four Madhabs, and it is the opinion of some of the righteous predecessors.
2. Enjoying the wife without having intercourse before offering the expiation: The scholars differed on the ruling of the man who, before offering the Dhihaar expiation, enjoys his wife sexually but without having intercourse. The majority of scholars hold the view that it is impermissible, which is the view of the Hanafi, Maliki –according to the vast majority of them – and Hanbali Madhabs, and one of the views within the Shafi’i Madhab. Other scholars hold the view that it is permissible for the husband to enjoy the husband with his wife without intercourse before offering the expiation of Dhihaar. This is the view of the Shafi’i – according to the most correct view in the Madhab – and it is one of the views in the Maliki Madhab, one of the reported views from Imam Ahmad, and the view of some of the righteous predecessors, and the chosen view by Ibn ‘Uthaymeen.