What is the legal consequence if the husband engages in sexual intercourse with his wife during the prescribed period of *Ilaa'*?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the husband engages in intercourse during the period, he has expedited the fulfillment of her right before its designated time, and he is thereby released from the obligation of *Ilaa'*, similar to one who pays a debt before its due date. This release occurs whether the intercourse happens before or after the wife demands cohabitation, and whether she is rational, insane, awake, or asleep, because he has performed the act upon which he swore. The primary view, supported by Ibn Hamid and Al-Sha'bi, is that he is released from the oath (*yakhruju min al-ilaa'*).
Supporting text
A dissenting view, stated by Abu Bakr, holds that he incurs the breaking of the oath (*yahneeth*) and must offer the expiation (*kaffarah*) because he performed the action he swore against. However, the stronger position maintains that expiation is waived if he was insane, as the pen is lifted from him. Another opinion suggests that if he was insane during the act, the *Ilaa'* remains binding, and the period should recommence upon his regaining sanity, requiring a new duration for the *Ilaa'*, because the original oath remains valid until the required act is performed while sane.