Is anger or intent to harm a prerequisite for the ruling of Ila' (oath of abstinence)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
Anger and the intention to cause harm are not stipulated conditions for the ruling of Ila'. This view is held by Ibn Mas'ud, Al-Thawri, Al-Shafi'i, the scholars of Iraq, and Ibn al-Mundhir. The evidence for this is the general applicability of the Quranic verse concerning Ila'. Furthermore, since one who prevents himself from conjugal relations by an oath is considered a Muuli (one who makes Ila'), this status applies equally whether the intent was anger or not. The ruling concerning Ila' is established for the right of the wife; therefore, it must be established whether the husband intended harm or not, similar to his rights regarding her debts or destruction of her property. Moreover, divorce, Zihar, and other oaths are treated the same whether made in anger or contentment; thus, Ila' should be treated similarly. Likewise, the ruling of an oath concerning expiation (Kaffarah) and other consequences applies equally in anger and contentment, so must the ruling of Ila'.
Supporting text
A view exists, reported from 'Ali (may Allah be pleased with him), stating there is no Ila' in reconciliation (Islaah). Ibn 'Abbas, Al-Hasan, Al-Nakha'i, and Qatadah held that Ila' only occurs in anger.