Does an oath stipulating abstinence for a whole year except for one day establish *Ila'* immediately?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a husband says, "By God, I will not have intercourse with you for the year except for one day," he does not establish *Ila'* immediately. This is the position of Abu Hanifa because the excepted day is considered general and not specified to a particular day, similar to stipulating exception in fasting Ramadan or refraining from speaking. The fact that he can have intercourse on any other day without violation means he is not legally prevented from intercourse throughout the period.

Supporting text

Another view holds that *Ila'* is established immediately. This is the position of Zufar, because the excepted day is considered to be from the end of the period, analogous to a postponement (ta'jil) or a period of option. This differs from the case where only 'one time' is excepted, as 'one time' is not fixed to a specific time.