What is the minimum duration of abstinence sworn upon that constitutes Ilaa' (oath of abstinence)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The requirement for Ilaa' is swearing an oath to abstain from sexual intercourse for more than four months. This position is held by Ibn Abbas, Tawus, Sa'id ibn Jubayr, Malik, Al-Awza'i, Al-Shafi'i, Abu Thawr, and Abu Ubayd. The basis for the ruling is derived from the Quranic injunction regarding the waiting period: {For those who swear an oath not to approach their wives, there is for them a waiting period of four months} [Quran 2:226]. Furthermore, the practice of Umar (may Allah be pleased with him) establishing a maximum period of four months for restraining a husband from his wife, based on the women's testimony that patience runs out in the fourth month, supports this threshold.
Supporting text
Some scholars, including 'Ata', Al-Thawri, and the People of Opinion (Ahl al-Ra'y), maintain that swearing to abstain for exactly four months or more qualifies as Ilaa'. A narration attributed to Ahmad supports this, arguing that abstaining for four months by oath establishes Ilaa', similar to if he swore for longer. Others, including Al-Nakh'i, Qatadah, Hammad, Ibn Abi Layla, and Ishaq, argue that any oath to abstain, regardless of the specified duration, results in Ilaa' if the abstinence lasts four months, citing the obligation of the four-month waiting period mentioned in the Quran.