The legal status of the oath contingent upon the wife's will when the husband intends immediate restraint.

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

When the husband swears not to approach his wife unless she wills it, the oath does not immediately constitute Ila' because it is conditional upon her volition. The distinction between this case and swearing "By Allah, I will not approach you except with your consent" is that upon her willing it, the oath is fully established, preventing him from intercourse without committing perjury. In the consent case, he only swore to abstain from intercourse in certain circumstances (when she is displeased), allowing him to have intercourse at other times without breaking the oath.

Supporting text

If the husband intends that the condition of her will must occur immediately, the oath is treated as conditional upon immediate action. If he intends that the condition may occur at any time within the prescribed period, the oath is suspended.