What constitutes the required oath for Iila' (husband's vow to abstain from intercourse)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The oath constituting Iila' must be by Allah the Exalted or one of His attributes. There is consensus among scholars on this point. The primary evidence for establishing Iila' is the verse stating: {For those who swear an oath not to approach their wives, there is a respite of four months} [Al-Baqarah: 226]. Abi bin Ka'b and Ibn Abbas recited this verse as 'those who swear an oath' (يقسمون), indicating the necessity of a formal oath (Qasam).
Supporting text
A difference of opinion exists regarding oaths made by other means, such as divorce (Talaq), manumission (Itq), charity, pilgrimage (Hajj), or affirmation of parental prohibition (Zihar). One view, held by the old position of Al-Shafi'i, states that these do not constitute Iila'. However, the dominant view, supported by Ibn Abbas, Al-Sha'bi, Al-Nakha'i, Malik, the people of Hijaz, Al-Thawri, Abu Hanifa, the people of Iraq, Al-Shafi'i (new position), Abu Thawr, and Abu Ubayd, holds that any oath preventing intercourse constitutes Iila', as it functions similarly to swearing by Allah.