If a husband abstains from intercourse without an oath, causing harm to his wife, is a defined period set for him?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
There are two reported opinions regarding whether a period is set when abstinence without an oath causes harm. One opinion dictates that a period of four months is set. If he has intercourse within that time, the matter is settled. If he abstains, he is summoned to resume relations, and if he refuses, he is ordered to divorce, similar to the ruling in formal Ilaa'. This is because he has caused harm by abstaining during the period corresponding to Ilaa', thus necessitating the ruling. Furthermore, what is obligated when sworn against must also be obligated when not sworn against, similar to alimony and other obligatory duties. The oath does not make a non-obligatory matter obligatory; therefore, its obligation without an oath implies it was obligatory beforehand. The purpose of the ruling in Ilaa' is to address the wife's need and remove harm, and the harm does not differ whether an oath was taken or not.
Supporting text
The second opinion holds that no defined period is set for him. This is the position of Abu Hanifa and Al-Shafi'i. The reasoning is that since he is not considered one who has taken an oath of Ilaa', no period is set, just as when he does not intend harm. Moreover, the fact that the ruling is tied to the Ilaa' oath implies its absence when the oath is absent; if this ruling applied without the oath, the specific ruling of Ilaa' would have no distinct effect.