What is the legal consequence immediately following the expiration of the four-month period of Iilaa?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
When the four months expire, and the wife brings the matter before the judge, the husband is commanded to resume marital relations (Fi'ah). If he refuses, he is commanded to pronounce divorce. The wife's marriage is not dissolved merely by the passing of the four months. This ruling is supported by the statements of many Companions, including 'Umar, 'Uthman, 'Ali, Ibn 'Umar, and 'A'ishah, and is the position of Sulayman ibn Yasar, Sa'id ibn al-Musayyab, 'Urwah, Mujahid, Tawus, Malik, Al-Shafi'i, Ishaq, Abu 'Ubayd, Abu Thawr, and Ibn al-Mundhir. The evidence is the Quranic verse: "For those who swear off from their wives is a waiting period of four months. And if they return [to intimacy], indeed, Allah is Forgiving and Merciful" (Quran 2:226), which implies that reconciliation occurs after the period, followed by the subsequent verse regarding the decision for divorce (Quran 2:227).
Supporting text
A differing opinion, attributed to Ibn Mas'ud, Ibn 'Abbas, 'Ikrimah, Jabir ibn Zayd, 'Ata, Al-Hasan, Masruq, Qabisa, Al-Nakha'i, Al-Awza'i, Ibn Abi Layla, and the Ashab al-Ra'y, states that upon the passing of four months, it constitutes an irrevocable divorce (Talaqah Ba'inah). A third narration, reported from 'Uthman, 'Ali, Zayd, and Ibn 'Umar, suggests it results in a revocable divorce (Talaqah Raj'iyyah).