What is the prescribed duration of Iilaa (oath not to have intercourse) for free persons and slaves, Muslims and non-Muslims?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The duration of Iilaa is the same for free persons and slaves, and for Muslim women and women of the covenant (Dhimmiyyah), whether they are young or old, according to the dominant view of the Madhhab. This opinion is also held by Al-Shafi'i and Ibn al-Mundhir. The legal basis is the general application of the Divine command and the fact that this period is set for intercourse, thus making it equal for free and enslaved women, similar to the duration set for impotence (unnah).
Supporting text
A dissenting view holds that the Iilaa period for slaves is two months. This is a narration from Ahmad, chosen by Abu Bakr, and the view of 'Ata, Al-Zuhri, Malik, and Ishaq, based on the fact that matters concerning slaves, such as divorce and the number of permissible wives, are halved compared to free persons. Furthermore, Al-Hasan and Al-Sha'bi stated that the Iilaa for a slave woman is two months and for a free woman is four months, aligning with the view of Abu Hanifa because separation (Baynunah) is tied to the status of freedom or slavery in divorce for them.