Does the ruling of Ila' (oath to abstain from marital relations) revive if a man divorces his female slave, then buys her, frees her, and marries her?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The ruling of Ila' revives if a man who swore Ila' against his female slave subsequently purchases her, emancipates her, and then formally marries her. Similarly, if the husband was a slave, and his wife purchased him, freed him, and then married him, the Ila' ruling revives. Furthermore, if the wife separates from him due to apostasy (burdah) or conversion to Islam by either party or another reason, and they subsequently enter a new marriage contract, the Ila' revives, and the period for fulfilling the oath must restart in all these instances. This revival occurs whether she returns to him after marrying a second husband or before. This is because the oath originated from him during the state of being married, so its ruling persists as long as the marital state is established.