Chapter on ʾIlāʾ (the husband’s oath of sexual abstention)
Introduction
ʾIlāʾ—spelled with a prolonged vowel—is the verbal noun of ʾālā yuʾlī ʾilāʾan. The word al-ʾiliyyah, patterned like ʿaṭiyyah, means “an oath,” and its plural is alāyā, formed like khaṭāyā.
In classical Arabic usage, ʾilāʾ simply denotes taking an oath.
Legally, it is defined as follows: a husband who is physically capable of intercourse swears by Allah or by one of His attributes that he will refrain from intercourse with his wife in her vagina for a period longer than four months.
Such an oath is forbidden, for it is a vow to neglect an obligation he owes.
The ruling on ʾilāʾ is established by the Qur’an, the Sunnah, and scholarly consensus.
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Qur’an: “For those who swear abstinence from their wives, a waiting period of four months is ordained…” (al-Baqarah 2:226).
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Sunnah: The Messenger of Allah ﷺ once took an ʾilāʾ from his wives for one month, whereas the forbidden form of ʾilāʾ is what exceeds four months.
The scholars are unanimously agreed on this point in general terms.
Four conditions must be met for a valid ʾilāʾ:
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The man must swear to abstain specifically from vaginal intercourse; if he merely ceases intimacy without taking an oath, he is not considered a muʾlī (one who has made ʾilāʾ).
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The oath must be sworn by Allah Most High or by one of His attributes. If he swears by way of a vow, a declaration of prohibition, a ẓihār, or the like, it is not deemed an ʾilāʾ.