Hadith 3373

(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.