What action constitutes retracting the vow of *Ila'* (*Fay'*)?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 4 · Bab 1

Open in Qurani

Primary text

The scholarly consensus among those whose opinions are known, including Ibn al-Mundhir, is that retracting the vow of *Ila'* (*Fay'*) is achieved through sexual intercourse (*jima'*). This view is attributed to Ibn Abbas, Ali, Ibn Mas'ud, Masruq, 'Ata', al-Sha'bi, al-Nakha'i, Sa'id ibn al-Musayyab, al-Thawri, al-Awza'i, al-Shafi'i, Abu Ubaidah, and the Ashab al-Ra'y (Hanafi jurists), provided there is no valid excuse. The root of *Fay'* is 'to return,' as the sun's shadow after its zenith is called *fay'* because it returns from west to east; similarly, intercourse by the one who swore the oath is called *Fay'* because he returns to the action he abandoned.

Supporting text

The minimum sexual act that fulfills the retraction (*Fay'a*) is the insertion of the glans (*hashfa*) into the vagina, as the legal consequences of intercourse are attached to this action.