What is the ruling regarding the period of 'Ila' after a husband under excuse declares his intent to fulfill his duty (fay'ah) verbally?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 3 · Bab 1

Open in Qurani

Primary text

Abu Hanifah states that the period of 'Ila' must restart because he fulfilled his duty by the means available to him (verbal declaration), and he is not required to do more until a new period of 'Ila' commences, similar to the case of divorce.

Supporting text

The correct view is that since he delayed her right due to his inability, upon gaining capability, he is obligated to fulfill that right, similar to a debt owed by an insolvent person who later gains capacity. What others mention is not her right, and the harm is not removed by mere promise; rather, it necessitates her patience and postponement, like dealing with an insolvent debtor.