What is the ruling regarding a man's oath to his wife: "If you leave except that I grant you permission," or "until I grant you permission," or "up to the time I grant you permission"?
General Chapter
Al-Mughni
Book of Expiations
Primary text
For the phrases "except that I grant you permission" (illa an aadhana laka), "until I grant you permission" (hatta aadhana laka), or "up to the time I grant you permission" (ila an aadhana laka), if he grants her permission, the oath is dissolved, and she is not divorced if she leaves later without permission. This is because he made permission the endpoint (ghayah) of his oath, suspending the divorce upon leaving before permission is given; once permission is given, the endpoint is reached, and the ruling ceases. This is analogous to saying, "If you leave until sunrise," where departure after sunrise does not break the oath. The reasoning is that 'ila' and 'hatta' signify an endpoint, not an exception. If she leaves without permission before the permission occurs, divorce takes effect based on the condition being met.
Supporting text
The opinion that permission results in fulfillment (Bar) is rejected because the permitted act is already excluded from the scope of the oath, and if the condition for breaking the oath occurred (departure without permission), the oath is not dissolved because the condition for fulfillment (permission) has not been met. The oath is tied to a departure described by a specific quality (i.e., without permission), and departure without that quality does not dissolve the oath nor does it incur fulfillment or breaking.