What is the nature of the divorce resulting from a broken oath of Ila' (Oathing not to have intercourse)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The divorce imposed on the Muuli (one who has sworn an oath of Ila') is revocable (Raj'i), whether he pronounces it himself or the judge pronounces it on his behalf. This view is held by Al-Shafi'i. Imam Ahmad, according to one narration reported by Al-Athram, stated that if the Muuli divorces, it counts as one divorce, and he retains the right to take her back. The fundamental principle supporting revocability is that this divorce occurs concerning a consummated wife without compensation or the completion of the full count of repudiations, thus rendering it revocable, similar to divorce outside the context of Ila'. If the Muuli is permitted to revoke it, the harm against her is averted, as a new period will be set for him, unlike the situation of impotence (annat), where the wife has lost hope of intercourse.
Supporting text
There is a differing narration from Ahmad that the separation decreed by the judge is irrevocable (Ba'in). Al-Qadi stated that the explicit view from Ahmad regarding the judge's separation is that it is irrevocable. Abu Thur states the divorce of the Muuli is irrevocable, whether pronounced by him or the judge, because it is a separation intended to remove harm, analogous to the separation due to impotence, which is also irrevocable. Abu Hanifa states the divorce takes effect irrevocably upon the expiration of the waiting period (Iddah).