How is the duration of the Ila' oath affected when the Muuli divorces and then takes the wife back?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
When the Muuli divorces revocably (less than three) and takes her back during her waiting period, the Ila' period is severed by the divorce. If he takes her back, the period is recommenced from his return. If the remaining portion is less than four months, the Ila' is dropped. If it is more than four months, four months are awaited, then he is stopped to reconcile or divorce. This is the view of Al-Shafi'i. A differing view attributed to Abu 'Abdillah bin Hamid suggests the period restarts from the moment of divorce.
Supporting text
The view of Malik and Abu Ubaid aligns with the idea that the period restarts. If the waiting period (Iddah) ends before the four-month period of Ila' expires, she becomes irrevocably separated, and the Ila' is terminated. Ibn Mas'ud, 'Ata', Al-Hasan, Al-Nakha'i, Qatadah, and Al-Awza'i hold that divorce entirely invalidates the Ila' oath, which may mean cutting off its duration, so that the time before return is not counted, similar to Al-Kharqi's view. Alternatively, it may mean completely removing its ruling, as he has fulfilled her right through divorce, just as if he had intercourse.