Is the oath of non-cohabitation (Ila') valid when sworn by a man against his revocably divorced (Raj'iyyah) wife?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The oath of non-cohabitation is valid when sworn against a revocably divorced wife. This is the position held by Malik, Al-Shafi'i, and the Ashab al-Ra'y (Hanafi scholars). The reasoning is that she remains a wife to whom his divorce takes effect, thus his oath is valid against her, similar to a non-divorced wife. If he swears the oath against her, the count for the period begins from the moment he swears the oath, even if she is in her waiting period ('iddah).
Supporting text
A dissenting view, reported by Ibn Hamid, suggests the oath is invalid because subsequent divorce interrupts the duration of the oath; therefore, preventing its validity from the start is preferable. Furthermore, the opinion of Al-Kharqi implies that the time period should only be counted from the moment he takes her back (raja'ah), based on the implication that the revocable wife remains forbidden (muharramah).