Does a conditional vow to perform an impermissible act or a neutral act constitute Iila'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 4 · Bab 1

Open in Qurani

Primary text

If one vows, 'If I approach you, then upon me is to walk in the marketplace,' it is considered Iila' according to the measure applied in the dominant opinion, because the breach obligates either expiation or the act, thus establishing a right against the swearer. Following this principle, vowing to perform permissible acts or even sinful acts makes one a Muli (one who performs Iila'), as vowing a sin obligates expiation in the apparent position of the Madhhab.

Supporting text

A counter-argument suggests that walking in the marketplace does not become obligatory by vow, unlike fasting. If the vow is conditioned on an act whose time has already passed, such as 'If I approach you, then upon me is fasting this month,' and the time has passed, no obligation is incurred, and thus it is not Iila'. Similarly, stating 'If I approach you, you are an adulteress' does not constitute Iila' because no legal right is incurred upon him by the intercourse.