When does the counting period for the Ila' begin if sworn against a revocably divorced wife?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The counting period for the Ila' commences immediately from the moment the husband swears the oath (min heena aala), even if the wife is currently observing her waiting period ('iddah). This view is attributed to Abu Hanifa and aligns with the principle that the period is counted from the moment of the oath for anyone against whom the oath is valid, just as if no divorce had occurred. Since she is permissible (mubahah) to him during this state, the time counts within this permissible state, similar to if he had not divorced her at all.
Supporting text
An alternative view, attributed to Al-Kharqi and aligning with the position of Al-Shafi'i, suggests the time period should not be counted against him until he revokes the divorce (raja'ah). This is reasoned because she is in her waiting period, resembling an irrevocably divorced (Ba'in) woman. Moreover, since a subsequent divorce interrupts the count, it is more appropriate not to start the count during the 'iddah, especially before reconciliation.