English
‘Umar, ‘Uthman, ‘Ali, Ibn Mas’ud, Zayd ibn Thabit, Ibn ‘Umar, and Ibn ‘Abbas (may Allah be pleased with them) said, "Ila’ (swearing off intercourse) results in one irrevocable divorce if four months pass without retraction, and she has the right to herself."* [Narrated by Al-Bayhaqi and ‘Abdur-Razzaq]
Muhammad said in Al-Muwatta’: "It reached us from ‘Umar ibn al-Khattab, ‘Uthman ibn ‘Affan, ‘Abdullah ibn Mas’ud, and Zayd ibn Thabit that they said, 'If a man swears off his wife and four months pass without retraction, she is irrevocably divorced once, and they did not consider stopping after the four months valid.'"
Ibn ‘Abbas said in interpreting the verse: "For those who swear not to have intercourse with their wives is a waiting period of four months. But if they return, Allah is Forgiving and Merciful. And if they decide on divorce, Allah is Hearing and Knowing." (2:226-227) "Retraction" means resuming intercourse within four months, and "deciding on divorce" means letting the four months pass. If they pass, she is divorced once, and there is no stopping after that. Ibn ‘Abbas was the most knowledgeable of Quranic interpretation.
Al-Bayhaqi and ‘Abdur-Razzaq narrated from Ibn Mas’ud: "If a man swears off his wife and four months pass, it is one irrevocable divorce, and she observes a waiting period of three menstrual cycles afterward."
Commentary and footnotes (2)
Note 1
(1) The statement: "Ila’ results in one irrevocable divorce..."—Ila’* is swearing not to have intercourse for four months or more. Its ruling is of two types: the ruling of the oath and the ruling of breaking it. If he has intercourse within the period, he atones for breaking the oath, indicating that atonement before breaking is insufficient. If the oath was by Allah, its atonement is feeding ten poor people, clothing them, or freeing a slave. If unable, fasting three days. If the oath was other than by Allah (e.g., vowing Hajj, fasting, charity, freeing a slave, or divorce), he fulfills what he made the penalty for breaking it. If he swore, "By Allah, I will not approach my wife for four months," and retracted within the period, he must atone for the oath. If he swore, "If I approach you within four months, I must perform Hajj," and approached her within the period, Hajj becomes obligatory, and ila’ is annulled, as the oath is lifted by breaking it. If he does not approach her within the period, she is irrevocably divorced by one divorce. This is the view of Ibn Mas’ud, Ibn ‘Umar, Ibn ‘Abbas, Zayd ibn Thabit, and is narrated from ‘Uthman and ‘Ali. It is the view of most Tabi’in. Ash-Shafi’i said she is not divorced by the passage of time, but the ruling is suspended after the period, and he is ordered to retract or separate. If he refuses, the judge separates them. Thus, the difference is twofold: Retraction, according to him, is after the period, while according to us, it is within the period. Separation does not occur except by the judge’s ruling or the husband’s divorce, the view of Malik and Ahmad. Ash-Shafi’i said the judge does not separate but pressures him until he retracts or divorces. According to us, separation occurs by the passage of time. Their evidence is the verse: "But if they return" (2:226), where "fa" (then) denotes sequence, permitting retraction after the period and separation. Our evidence is the reading of Ibn Mas’ud and Ubayy: "If they return within them," proving retraction is within the period, making it evidence against them. "Fa" in the verse denotes retraction following ila’, as retraction before the period is permitted, which would not be if their view were correct. We also have the statements of the senior Companions. In summary, Ash-Shafi’i said the verse means: "If they return and if they decide after the period," as "fa" denotes sequence. We say: "If they return" and "if they decide" elaborate on "those who swear," and elaboration follows the elaborated, as in Al-‘Ayni and Al-Mustakhlas, summarized.
Note 1
ف: واضح ہو کہ ایلاء کی دو قسمیں ہیں(1) ایک بغیر قسم کے(2) قسم کے ساتھ۔ اگر ایلاء بغیر قسم کے ہو اور چار ماہ کے اندر رجوع کر کے صحبت کرلی جائے تو یہ رجوع درست ہے اس پر کسی قسم کا کفارہ لازم نہیں۔ اور اگر ایلاء قسم کے ساتھ ہے اور چار ماہ کے اندر رجوع کر کے صحبت کرلی تو چونکہ قسم کو توڑ دی ہے اس لیے قسم کا کفارہ لازم ہوگا اور قسم کا کفارہ یہ ہے کہ دس مساکین کو کھانا کھلائے یا کپڑا پہنائے یا ایک غلام آزاد کرے اور اگر ان چیزوں کی استطاعت نہ ہو تو تین دن کے روزے رکھے اور اگر یوں قسم کھائی کہ اگر میں تجھ سے صحبت کروں تو مجھ پر حج لازم ہوگا یا روزہ لازم ہوگا یا طلاق ہو جائے گی یا اسی قسم سے جس چیز کی قسم کھائے تو قسم توڑنے پر وہی چیز لازم آئے گی (ماخوذ از: عینی12)