says, “It is forbidden for me to have intercourse with my wife,” then the apparent meaning of the author’s words is that this is not īlāʾ. But the correct view is the second position in the school on this issue: īlāʾ is established by an oath, whether sworn by Allah or one of His attributes, or expressed in a form that carries the ruling of an oath. The evidence is that Allah Most High says:
“O Prophet, why do you prohibit what Allah has made lawful for you?”
until He says:
“Allah has already prescribed for you the expiation of your oaths.” [al-Taḥrīm 66:1–2]
The hadiths related concerning this state that the Messenger of Allah, peace and blessings be upon him, made an oath of īlāʾ from his wives for a month (1). This is if we hold that he had declared his wives forbidden to himself. But if we hold that he had declared honey forbidden to himself—as is the stronger view—then the verse indicates from another angle that declaring something forbidden is an oath.
In short, the correct view in this matter is that anything which carries the legal ruling of an oath constitutes īlāʾ. Thus, if he says, “I vow to Allah that I will not have intercourse with my wife,” this is īlāʾ, because Allah called declaring something forbidden an oath.
His statement, “to refrain from intercourse with his wife”: the word “intercourse” excludes intimate physical contact short of intercourse. Thus, if he says, “By Allah, I will not engage in intimate contact with my wife for six months,” intending contact other than vaginal intercourse, then he has not made an oath of īlāʾ. He must swear to refrain from intercourse itself.
His statement, “his wife,” excludes the case in which he swears to refrain from intercourse with his female slave, for this is not called īlāʾ. Since it is not termed īlāʾ, it is an oath; however, we do not apply to it the rulings of īlāʾ. Rather, its consequence is that if he breaks the oath, he must offer expiation.
His statement, “in her vagina”: is this a qualifying condition or merely a description of the usual case? It is a qualifying condition, because he may swear not to have intercourse with her in her anus. Thus, if he swears not to have intercourse with her in