What is the ruling if a husband swears an oath not to have relations with his wife until she finishes weaning their child?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the husband swears not to approach his wife until the child is weaned, and the duration of weaning is expected to exceed four months, then he is considered to have made an Ila'. If, however, he intended the action of weaning itself, then he is not considered to have made an Ila'. This is because weaning can potentially occur before the expiration of the four-month period, it is not inherently forbidden, and it does not involve depriving her of a right. Therefore, it is not deemed an Ila', similar to an oath not to enter a specific house.

Supporting text

Malik, Al-Awza'i, and Abu 'Ubayd stated that if one swears not to approach his wife until the child is weaned, it is not Ila' if his intention is reconciliation for the sake of the child.