What is the ruling concerning a person who vows abstinence (Muli) against his wife until a specified time, such as one year, and the time limit has passed while he has a valid excuse (like illness or unlawful imprisonment)?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the specified period passes while the Muli (one who vowed abstinence) has a valid excuse preventing intercourse (such as sickness, unlawful imprisonment, or similar impediments), he must reconcile with his wife verbally (Fay' bi-lisanihi). He must state, 'When I am able, I will approach you,' or similar expressions. This ruling is supported by Ibn Mas'ud, Jabir bin Zayd, an-Nakha'i, al-Hasan, az-Zuhri, ath-Thawri, al-Awza'i, 'Ikrimah, Abu 'Ubayd, and the Ashab ar-Ra'y (followers of opinion-based reasoning). The purpose of this verbal reconciliation is to demonstrate the abandonment of the intent to harm, which is achieved through apology and declaring the intent to remove the harm when capable.
Supporting text
Sa'id bin al-Musayyab maintained that reconciliation (Fay') can only occur through actual intercourse, regardless of whether an excuse exists or not. Abu Thawr held that if he is unable, he is not held in place until he recovers or returns if absent, and verbal reconciliation is not obligatory because the harm caused by abstinence is not removed by mere words. Some Shafi'is required him to state, 'I regret what I did; if I am able, I will approach her.' Abu al-Khattab narrated from al-Qadi that the reconciliation of the excused party is to say, 'I have returned to you' (Fa'tu ilayk), which is the view of ath-Thawri, Abu 'Ubayd, and the Ashab ar-Ra'y. However, the preferred view, narrated by al-Qadi in 'al-Mujarrad' and matching al-Kharqi, is that promising intercourse upon capability is better evidence of abandoning the intent to harm than merely saying, 'I have returned to you,' as the latter conveys no such meaning.