Does swearing an oath of non-cohabitation using the term 'sharing' a wife count as an oath of non-cohabitation (Ila') regarding the second wife?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 1 · Bab 1

Open in Qurani

Primary text

When a man swears to one of his wives, 'By Allah, I will not have intercourse with you,' and then says to the other, 'I have included you with her,' the oath of non-cohabitation (Ila') is not established concerning the second wife. This is because an oath sworn by Allah requires explicit wording using one of His names or attributes. The act of sharing between the two wives constitutes an implication (kinaya), which is insufficient for establishing the oath.

Supporting text

The Qadi holds that the oath of non-cohabitation is established concerning both wives in this scenario.