What is the ruling when a husband under the vow of staying away (Ila') is capable of fulfilling his obligation (fay'ah) but refuses?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the husband under 'Ila' is capable and demanded to fulfill his obligation (fay'ah) but does not, he is ordered to divorce. This is the position of all who hold that the husband under 'Ila' is legally constrained. This is based on the verse: {Either keep [her] in fairness or release [her] with good treatment} (Quran 2:229). If he refuses to perform what is due to her under proper terms, he is refusing to keep her in fairness, and thus must be ordered to release her with good treatment.
Supporting text
If the husband was excused (had an impediment) and declared his intent to fulfill his duty ('fay'ah' by speech) but later becomes capable of intercourse, he is ordered to perform it. If he complies, the matter ends; otherwise, he is ordered to divorce. Abu Bakr, Al-Hasan, 'Ikrimah, and Al-Awza'i hold that once he declares his intent once, he exits the state of 'Ila' and is not required to make a second declaration of intent, just as if he had fulfilled it through intercourse.