Those Scholars Who Say Ila' Is Only Valid With an Oath

Hazrat Ibn Abbas (may Allah be pleased with them) says that Ilaa occurs only with an oath.

Hazrat Ata (may Allah have mercy on him) says that Ila (oath of abstaining from intercourse) is established by swearing not to have intercourse.

Hazrat Abu Hurrah, may Allah have mercy on him, says that I asked Hasan, may Allah have mercy on him, if a man leaves his wife for seven months, what is the ruling? He replied that he has prolonged the separation greatly. I asked, will this be considered as Ilaa? He replied, did he take an oath? I said no. He said, Ilaa does not occur without an oath.

Ibrahim (may Allah have mercy on him) said that Ilaa only takes place with an oath.

Ibrahim (may Allah have mercy on him) said that any oath which prevents intercourse and four months pass over it, then it becomes Ila.

Hazrat Jabir bin Zaid (may Allah have mercy on him) was asked: If a man leaves his wife and four months pass, what is the ruling? He replied: she will not become forbidden to him; however, if he has sworn an oath that he will not touch her and will not have intercourse with her, if he has sworn to this and does not return to her within four months, then the woman will become separated (bainah) from him and will be considered one who has taken ila.

Hazrat Qatadah (may Allah have mercy on him) says that there is no Ilaa without an oath.

Hazrat Sha’bi (may Allah have mercy on him) says that every such oath which prevents (a man) from intercourse is (considered) Ilaa.

Ibrahim (may Allah have mercy on him) said that every oath which prevents intercourse is Ila.