What phrases constitute an oath of *Ila'* explicitly establishing the legal ruling, but requiring a sincere inner intention regarding God?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
Ten phrases explicitly establish the legal ruling but require sincerity between the individual and God: 'I will not have sexual intercourse with you,' 'I will not join with you,' 'I will not touch you,' 'I will not copulate with you,' 'I will not come near you,' 'I will not approach you,' 'I will not have carnal dealings with you,' and 'I will not bathe with you [after intercourse].' These are explicit in the ruling because they are conventionally used to signify sexual intercourse. The Quran supports some of these usages, such as not approaching women while menstruating (Quran 2:222), not touching them during *I'tikaf* (Quran 2:187), and not touching them before payment of the dowry (Quran 2:237). If the swearer claims that 'sexual intercourse' meant striking with the foot, or 'touching' meant touching with the hand, this constitutes an inner defense before God but is not accepted as a legal defense because it contradicts the apparent meaning and custom.
Supporting text
There is a difference of opinion attributed to Al-Shafi'i regarding terms other than 'sexual intercourse' or 'joining.' In one view, they are not explicit because their primary linguistic meaning (*haqiqah*) is something other than intercourse. Specifically, 'I will not have carnal dealings with you' (*la badha'tuka*) is considered not explicit because *badh'a* (flesh/part) can refer to the touching of flesh to flesh, referencing the Prophet's statement that Fatimah was a 'part of him.' However, the prevailing view is that since these terms are commonly used for intercourse, they are explicit, similar to divorce terms that have meanings outside of divorce yet are explicit in that context. The term 'I will not have carnal dealings with you' is deemed more likely to be explicit because it is derived from *al-bud'*, the male organ, and is not commonly used outside the context of intercourse, supporting the view of Abu Hanifa.