Does the *Ila'* period count for a wife who is disobedient (*nashiz*), incapable of intercourse due to prior defect (*ratqa'* or *qarrana*), or absent during the period?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The ruling for a disobedient wife, one incapable of intercourse due to a defect, or one who is absent during the period is the same as in the previous case. This is because the *Ila'* constitutes a valid oath, and thus the stipulated period must follow, similar to a wife with whom intercourse is possible. The evidence supporting this view is that the wife's right to intercourse is nullified by the impossibility of intercourse, thus the stipulated period assigned for that right must also be nullified, analogous to how the term limit for a debt is dropped when the debt itself is waived.
Supporting text
For a wife whom intercourse is possible with, the period is counted because the *Ila'* is validly sworn by one capable of intercourse, and the period must be set, like with a mature woman. If the husband intends to cause harm by withholding intercourse, he sins. It is recommended that he be advised to fear God and either retract his oath (*fa'i'* or return to intimacy) or issue a divorce, as God commanded 'live with them honorably' (Quran 4:19) and 'retention in fairness or release with good treatment' (Quran 2:229), and causing harm is not part of honorable living.