He must swear to forgo intercourse for more than four months, or make the oath contingent upon a condition that, in all probability, will not be realized in less time than that; otherwise, he is not deemed a muʾlī.

The act of ʾilāʾ must come from a husband who is physically capable of intercourse. It is therefore invalid if issued by a non-discerning child or by one rendered incapable of intercourse through jabb (castration) or the like.