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

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a husband says, "By God, I will not have intercourse with you for the year except once," he does not establish *Ila'* immediately because he can engage in intercourse whenever he wishes without breaking the oath. He only becomes one who has established *Ila'* if he has intercourse when more than four months of the year remain. This is the position of Abu Thawr, the People of Opinion (Ahl al-Ra'y), and the apparent position in the Madhhab of Al-Shafi'i.

Supporting text

In the old opinion of Al-Shafi'i, *Ila'* is established from the beginning, similar to the case where the prohibition is perpetual.