Does an oath not to have intercourse during the day or night constitute Ila'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 5 · Bab 1

Open in Qurani

Primary text

An oath stating, "By Allah, I will not approach you at night" or "By Allah, I will not approach you during the day" does not constitute Ila', because intercourse remains possible without the husband committing perjury.