Does an oath not to have intercourse while the wife is sick constitute Ila'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

An oath stating, "By Allah, I will not approach you while you are sick" does not constitute Ila', unless the illness is one for which recovery is not hoped for, or one that is unlikely to cease within four months. In such cases, it should be considered Ila' because the husband has sworn to abstain for a period equivalent to the minimum required duration for Ila' (four months). If the oath was taken while she was healthy, and she falls ill with a recoverable illness, he only becomes Muuli (one who has taken Ila') if the recovery is not expected within four months, or if it is the established custom that the ailment does not cease within that period, treating it as an unrelievable condition.