Does an oath not to have intercourse in a specific location constitute Ila'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 6 · Bab 1

Open in Qurani

Primary text

An oath stating, "By Allah, I will not approach you in this town," or "in this house," or similar specific locations, does not constitute Ila'. This is the position of Thawri, Awza'i, Shafi'i, al-Nu'man (Abu Hanifa), and his two companions (Abu Yusuf and Muhammad al-Shaybani). The evidence is that intercourse remains possible without breaking the oath, meaning it does not constitute Ila', just as if he had made an exception in his oath.

Supporting text

Ibn Abi Layla and Ishaq hold that such an oath does constitute Ila' because the husband has sworn to abstain from intercourse altogether.