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
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.