Islamic Manual

The oath not to approach one's wife (ila')

What the oath of abstention (ila') is, what happens if the husband keeps or breaks his oath, and the expiation due for breaking it.

Ila' is when a husband swears an oath that he will not be intimate with his wife for four months or more. If he keeps that oath the whole time, it actually ends the marriage on its own.

Forbidden (Ḥarām)must not do

Ila' is swearing an oath not to approach or have intercourse with one's wife for four months or more - for example, saying to the wife, "By Allah, I will not approach you for four months."

Necessary (Wājib)must do

If the husband breaks his oath by having intercourse with his wife within the four months, he must give expiation for breaking the oath. If he keeps to his oath and does not have intercourse with her for the full four months, one minor irrevocable divorce occurs.

The expiation (kaffarah) for breaking the oath

  1. Freeing a slave, or
  2. Feeding ten poor persons two meals each, or
  3. Clothing ten poor persons.
  4. If none of these is possible, fasting three consecutive days instead - provided it is not on days when fasting is prohibited.
Forbidden (Ḥarām)must not do

Īlāʾ is an oath (yamīn) not to approach or have intercourse with one's wife for four months or more - e.g. "By Allah, I will not approach you for four months."

Necessary (Wājib)must do

Where the husband breaks the oath by intercourse within the four months, kaffārat al-yamīn (expiation for breaking an oath) becomes due. Where he adheres to the oath for the full four months without intercourse, one ṭalāq bāʾin khafīfah occurs automatically, without any further pronouncement.

Kaffārah for breaking the oath

  1. Freeing a slave, or
  2. Feeding ten needy persons two meals each, or
  3. Clothing ten needy persons.
  4. Failing all of these, fasting three consecutive days - provided the days are not among those on which fasting is forbidden.

This is the English translation of Nisab Ahle Khidmaat Sharia, exactly as the book has it, for the passages this page was written from. About 185 words. Switch back to Guide for the rewritten version.

Rulings of Divorce

12. Rulings of Ila’:

  1. Swearing an oath not to approach or have physical relations (intercourse) with one’s wife for four months or more is called ila’. [For example, Saying to the wife: "By Allah, I will not approach you (have intercourse with you) for four months."]
  2. The ruling of ila’ is that if the husband breaks his oath by having intercourse with his wife within four months, he must give expiation for breaking the oath. If he adheres to his oath and does not have intercourse with her for four months, one minor irrevocable divorce will occur.

Note: Expiation consists of:

  1. Freeing a slave, or
  2. Feeding ten poor persons with two meals each, or
  3. Clothing ten poor persons.

If none of these is possible, then fasting three consecutive days is required [provided it is not during days when fasting is prohibited].

  1. Swearing not to have intercourse for less than four months does not constitute ila’. However, if he breaks the oath before the specified period, he must give expiation. If he does not break it, the oath will be fulfilled, and no divorce will occur.

Terms on this page

Ila

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