Does an oath not to have sexual intercourse upon a condition of intercourse immediately establish *Ila'* (oath of abstinence)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If a husband states, "If I have intercourse with you, then by God, I will not have intercourse with you," he is not considered to have established *Ila'* immediately. However, if he engages in intercourse, he then becomes one who has established *Ila'* because the oath then becomes one that permanently prohibits intercourse. This is the correct position according to Al-Shafi'i.
Supporting text
An old opinion attributed to Al-Shafi'i states that *Ila'* is established from the beginning because intercourse cannot occur unless he becomes one who has established *Ila'*, and thus harm (by breaking the oath) attaches to the intercourse.