Does swearing to abstain forever or indefinitely constitute Ilaa'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 2 · Bab 1

Open in Qurani

Primary text

Swearing to abstain from intercourse eternally or absolutely constitutes Ilaa'. This ruling is held because abstaining for less than this duration allows the husband to dissolve the oath without committing perjury (hanith), unlike an absolute prohibition. The four-month period is established because it represents a duration where delay in intercourse causes demonstrable harm to the wife.

Supporting text

A view attributed to Ibn Abbas suggests that Ilaa' only occurs when one swears to abstain permanently or absolutely. This is because if one swears for a lesser period, he can escape the oath without breaking it, similar to swearing not to approach his wife in a specific city.