Does initiating 'Ila' (oath not to have intercourse) or Dhihar (declaratory disassociation) constitute a selection?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 3

Open in Qurani

Primary text

If a man initiates 'Ila' (oath not to have intercourse) or Dhihar (declaratory disassociation) against one wife, it does not constitute a selection for her, according to one opinion, because these actions are valid even concerning a non-wife. However, according to another view, it does constitute a selection for her because their ruling (the ruling of Ila' or Dhihar) is not established except concerning a wife.