وَالَّذِينَ يُظَاهِرُونَ مِن نِّسَايِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا
And those who make unlawful to them (their wives) by Zihar and wish to free themselves from what they uttered,
Ash-Shafi`i said,
"It means to keep her for a while after the Zihar, without divorcing her, even though his is able to do so."
Ahmad bin Hanbal said,
"To return to having sexual relations with her or to merely intend to do so, but only after he pays the expiation mentioned in the Ayah for his statement."
It has been quoted from Malik that
it is the intention to have sexual relations or to keep her or actually having sexual intercourse.
Sa`id bin Jubayr said that this Ayah,
ثُمَّ يَعُودُونَ لِمَا قَالُوا
(and wish to free themselves from what they uttered),
meaning, if they want to return to having sexual intercourse which was forbidden between them.
Al-Hasan Al-Basri said that
it is to utilize her sexual organ, and he did not see any harm in doing what is less than that before paying the expiation.
Ali bin Abi Talhah reported from Ibn Abbas about Allah's statemen,
مِّن قَبْلِ أَن يَتَمَاسَّا
before they touch each other.
"The `touching' refers here to sexual intercourse."
Similar was said by Ata', Az-Zuhri, Qatadah and Muqatil bin Hayyan.
Az-Zuhri added,
"He is not to kiss or touch her until he pays the expiation."
The Sunan compilers recorded from Ikrimah, from Ibn Abbas that a man said,
"O Allah's Messenger! I pronounced Zihar on my wife, but then had sexual intercourse with her before I paid the expiation."
The Messenger said,
مَا حَمَلَكَ عَلى ذَلِكَ يَرْحَمُكَ الله
May Allah grant you His mercy, what made you do that?
He said, "I saw the adornment she was wearing shining in the moon's light."
The Prophet said,
فَلَ تَقْرَبْهَا حَتْى تَفْعَلَ مَا أَمَرَكَ اللهُ عَزَّ وَجَل
Then do not touch her until you do what Allah the Exalted and Most Honored has ordered you to do.
At-Tirmidhi said, "Hasan Gharib Sahih."
Abu Dawud and An-Nasa'i also recorded it.
Allah said,
فَتَحْرِيرُ رَقَبَةٍ
(the penalty) in that case is the freeing of a slave,
indicating the necessity of freeing a slave before they touch each other.
This Ayah mentions any slave, not only believing servants as in the case of the expiation for (unintentional) killing,
ذَلِكُمْ تُوعَظُونَ بِهِ
That is an admonition to you.
meaning, a warning to threaten you in this case.
وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
And Allah is All-Aware of what you do.
meaning, He is All-Knower in what brings you benefit.
Allah's statement