Surah Al-Baqarah, Ayah 227

The Ila' and its Rulings

Ila' is a type of vow where a man swears not to sleep with his wife for a certain period, whether less or more than four months. If the vow of Ila' was for less than four months, the man has to wait for the vow's period to end and then is allowed to have sexual intercourse with his wife. She has to be patient and she cannot ask her husband, in this case, to end his vow before the end of its term. It is reported in the Two Sahihs that `A'ishah said that Allah's Messenger ﷺ swore he would stay away from with his wives for a month. He then came down after twenty-nine days saying:

«الشَّهْرُ تِسْعٌ وَعِشْرُون»

Note:

If someone takes an oath that he will not have sexual intercourse with his wife, the case has four situations:

(A) No time-limit was fixed.

(B) A time-limit of four months was fixed.

(C) A time-limit of more than four months was fixed.

(D) The limit was identified as less than four months.

So, situations A, B and C are termed in Shari` ah as 'Ild' (ایلاء ). The injunction covering these situations is: If the oath-taker breaks his oath within four months and resumes sexual intercourse with his wife, he will have to come up with kaffarah کَفَّارہ for his oath while his nikah (marriage) remains intact. And should it be that the time-limit of four months did expire and the oath-taker did not break his oath, an irrevocable divorce on his wife will become effective, that is, taking her back without remarriage does not remain correct any more. However, if they, by mutual consent, enter into marriage this will be correct. Halalah حلالہ (an intermediary marriage of the woman with a third person) is not required. The injunction in the fourth situation is: If the oath is broken, kaffarah کَفَّارہ will be required and if the oath is completed, the marriage, even then, will remain valid. (Bayan al-Qur°an)

Swayed by anger and obstinacy, sometimes an individual swears an oath that he will not do anything which would benefit a certain person. In ancient times, a variety of such oaths was very common among the Arabs. They swore oaths that they would refrain from such and such a good deed, so that when they were called upon to join in some good act, they would decline, saying that they had already taken an oath to the contrary. To refrain from good acts is in itself bad enough, but swearing to this in the name of God is much worse. For God is a being who is all merciful and all good. Then attaching the name of God to the non-performance of good works is sinful. Perversion at all events is bad. But if perverse acts are done in the name of God, there is a manifold increase in the evil perpetuated.