How are impediments originating from the wife treated during the Ila' period?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
Impediments originating from the wife, such as her being too young, ill, imprisoned, in a state of Ihram, observing obligatory fasting or I'tikaf, her defiance (Nushuz), or her absence, suspend the calculation of the waiting period until the impediment ceases. This is because the period is set due to his abstinence from intercourse, and the prevention here is from her side. If one of these causes occurs, the waiting period must be restarted entirely and not continued from where it left off. This is because the divine statement, 'Wait for four months' (Quran 2:226), implies a consecutive period. Interruption necessitates restarting, similar to the two-month period for expiation fasting.
Supporting text
If the husband commits the oath (Hanith) and she flees from his control, the period is cut short. If she remains under his control and he is able to have intercourse, the period is counted against him. Arguments stating that involuntary causes should not stop the period, like menstruation, are countered by the principle that if the prevention is due to a condition within her, there is no difference whether it is by her action or not, similar to a seller being unable to deliver the sold item without recourse to the price regardless of the cause.