Is an oath to abstain from intercourse with a woman one has not yet married considered Ila'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

Ila' is not established if the oath to abstain from intercourse occurs before the marriage is contracted. The evidence supporting this is the verse "For those who swear off relations with their wives" (Quran 2:226), and the woman in question is not yet among his wives. Moreover, Ila' is a ruling specific to the contract of marriage, and thus it cannot precede the marriage contract, similar to divorce or apportionment of time for marital rights. The specified period is established based on the husband's intent to cause harm through his oath to his wife, and if the oath precedes marriage, he lacks the intent to harm her in that specific capacity, thus resembling abstinence without an oath.

Supporting text

It is reported from Al-Sharif Abu Ja'far that Ahmad permitted the Zihar (a type of oath similar to Ila') before marriage because it is an oath. Following this reasoning, Ila' should also be valid before marriage. However, the established position is that Ila' is not valid before marriage due to the aforementioned reasons.