What is the legal ruling if a husband swears not to have intercourse with any of his wives but intends an unspecified wife?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the husband intends an unspecified wife, the *Ila'* (vow of abstinence) does not immediately affect them all. If he has intercourse with three wives, he becomes an *Mooli* concerning the fourth. There is an opinion that the specific wife for the vow is determined by lot, similar to divorce pronounced indefinitely upon one of his wives.
Supporting text
It is suggested that if the husband uses an absolute statement, the *Ila'* applies to all wives immediately because having intercourse with any one of them necessitates breaking the oath. If he divorces one or one dies, the *Ila'* applies to the remainder. A dissenting opinion, held by Al-Qadi and some Shafi'is, argues that an indefinite statement refers to only one non-specified wife, as the term used is indefinite (nakirah), which does not imply generality. The primary view maintains that the indefinite term in a context of negation implies generality, supported by verses such as Quran 72:3, Quran 112:4, and Quran 24:40. This is analogous to swearing not to drink from 'a water skin' (*idawatin*); drinking from any skin breaks the oath.