What is the legal consequence when a husband swears an oath not to have intercourse with four wives simultaneously?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The legal outcome hinges on whether the initial oath is invalidated (Hanth) by having intercourse with only one of the wives. If it is determined that intercourse with one wife invalidates the entire oath, the husband is immediately considered in *Ila'* (oath of abstinence) concerning all four wives at that moment, as he cannot approach any one of them without immediately breaking the oath. If he then has intercourse with one, his oath is broken, the *Ila'* is lifted for all, and the *Kaffarah* (expiation) is due. If he divorces or one wife dies, the *Ila'* remains binding concerning the others. Conversely, if intercourse with one does not immediately invalidate the oath, he is not considered in *Ila'* concerning any of them initially, as he can approach each individually without immediate breach. Should he have intercourse with three, he then becomes in *Ila'* regarding the fourth, as he can no longer approach her without breaking the oath. If one dies or is divorced, the oath is lifted because the condition for invalidation—intercourse with all four—is no longer achievable. If he reconciles with the divorced wife or remarries her, the ruling of his oath returns. The reasoning supporting the view that the oath is broken upon intercourse with one is that since he incurs the expiation upon the first act, he is no longer prevented from approaching the remaining wives by the constraint of his oath, thereby lifting the *Ila'* regarding them.
Supporting text
A view held by some Shafi'i scholars posits that he is not considered in *Ila'* concerning any wife until he has intercourse with three, at which point he enters *Ila'* specifically regarding the fourth. Al-Muzani narrated from Al-Shafi'i that he becomes in *Ila'* concerning all four, and a suspension is placed upon each wife individually. If he has intercourse with some, the *Ila'* is lifted for those, and the suspension remains for the others until he makes a reconciling statement (*Fay'*) or divorces them, but the oath is not considered broken until he has intercourse with all four. The Ahl al-Ra'y (School of Opinion) maintain that he is in *Ila'* concerning all four, and if he abstains from all for four months, *Bainunah* (irrevocable separation) occurs regarding all of them due to *Ila'*. If he has intercourse with some, the *Ila'* is dropped concerning those wives, and he is only considered to have broken the oath upon intercourse with all four.