What is the ruling if a husband swears, "Every time I have intercourse with one of you, the co-wives are divorced"?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the oath is considered *Ila'* (a vow of abstinence), the husband enters a state of *Ila'* regarding all of them. This is because he cannot have intercourse with any one wife without divorcing her co-wives, so he is put under a waiting period concerning them. If he returns to having intercourse with one wife, her co-wives are divorced. If the divorce is irrevocable (*bain*), the *Ila'* obligation is lifted because he is no longer prevented from intercourse with her by the ruling of his oath. If the divorce is revocable (*raj'i*), and he revokes the divorce, the ruling of *Ila'* remains concerning the other wives because having intercourse with one requires divorcing the others.

Supporting text

If the husband revokes the divorce of some wives for this reason, the duration of the *Ila'* period restarts from the moment of revocation.