Sunan Sa'id

Ibrahim (may Allah have mercy on him) said: "Ilaa is only valid with an oath."

Hasan al-Basri (may Allah have mercy on him) said: "If a man says to his wife: 'By Allah, I will not come to you until you come to me,' and the woman leaves in anger, then after four months, there will be no (ruling of) ila (oath of abstention)."

It is narrated from Hazrat Saeed bin Jubair (may Allah have mercy on him) that if a person gets angry with his wife and does not go near her for four months, then ila does not take place, unless he swears an oath or clearly says that he will not go near her, and if the anger is from the woman's side, then ila does not take place.

It is narrated from Hasan (may Allah have mercy on him) that if a man says to his wife: "By Allah, I will not come to you tonight," and then leaves her for four months, then if he leaves her because of his oath, this is Ilaa (oath of abstention).

It is narrated from Ibrahim (may Allah have mercy on him) that if a person makes an oath of abstinence (ila) and then divorces, the divorce ends the ila.

It is narrated from Ibrahim (may Allah have mercy on him) that divorce ends ila (oath of abstinence), and Hazrat Sha'bi (may Allah have mercy on him) said that both (divorce and ila) race each other like two racing horses.

It is narrated from Hazrat Sha'bi (may Allah have mercy on him) that divorce ends ila, but both are like two horses in a race; whichever reaches first will be acted upon, and if both occur together, then both will be considered valid.

It is narrated from Hasan (may Allah have mercy on him) that he also used to say like Sha'bi (may Allah have mercy on him).

It is narrated from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) that if a person takes an oath of abstinence (ila') and then divorces, then these two are like two racing horses.

It is narrated from Hazrat Sha'bi (may Allah have mercy on him) that Sayyiduna Ali (may Allah be pleased with him) used to say: "Both precede." And Sayyiduna Ibn Mas'ud (may Allah be pleased with him) used to say: "Divorce ends Ila (oath of abstinence)." And Hushaym said: "The statement is as Sayyiduna Ali (may Allah be pleased with him) has said."

It is narrated from Hazrat Sa'id bin Jubair (may Allah have mercy on him) that if a person makes an oath of abstinence (ila) from his wife, then divorces her, if the waiting period ('iddah) of divorce is completed first, then the divorce will terminate the ila and will be counted as one divorce. But if the waiting period of ila is completed first, then two divorces will be counted.

It is narrated from Hasan and Ibrahim, may Allah have mercy on them, that if a slave makes ila’ (oath of abstinence) from a free woman, then the period will be four months, and if he does so from a slave woman, then the period will be two months.

It is narrated from Ibrahim (may Allah have mercy on him) that if a person pronounces zihar on his slave woman, then the expiation for a free woman will be obligatory, and if he pronounces zihar on a free woman who is a slave, then half the expiation will be required.

It is narrated from Ibrahim (may Allah have mercy on him) that if a person swears an oath that he will not speak to someone, and four months pass, then I fear that this will become *ila’* (an oath of abstention), but the real *ila’* is in sexual intercourse.

It is narrated from Ibrahim (may Allah have mercy on him) that Sayyiduna Abdullah bin Anas (may Allah be pleased with him) took an oath of Ilaa from his wife and then left. When he returned, the period had passed, and he had intercourse with his wife. When he was asked about his oath, he said, "I did not keep track." Then he went to Sayyiduna Abdullah (may Allah be pleased with him) and informed him of the matter. He said: "Go and inform her that she has been separated from you, then send her a marriage proposal." So he sent the proposal and married her for one ratl of silver.

It is narrated from Hazrat Sha'bi (may Allah have mercy on him) that a man came to Sayyiduna Shurayh (may Allah have mercy on him) and said, "I have taken an oath of abstinence (ila) from my wife and four months have passed." So Shurayh recited this verse: «وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ» Then that man went to Masruq (may Allah have mercy on him) and related the whole incident. Masruq (may Allah have mercy on him) said, "May Allah have mercy on Sayyiduna Abu Umayyah. If people were like him, things would be easier for you." Then he said, "When four months are completed, one divorce will take place. The woman will observe the waiting period ('iddah) of three menstrual cycles. Then, if you wish, you may send a marriage proposal during the 'iddah, but no other man can send a marriage proposal during the 'iddah."

It is narrated from Sha'bi (may Allah have mercy on him) that he also reported the statement of Masruq (may Allah have mercy on him), and when Masruq (may Allah have mercy on him) said that thing, Sha'bi went and informed Shurayh. Shurayh asked: "Do you know this person?" Sha'bi said: "Perhaps." So Shurayh said: "Look for him in the mosque." When Sha'bi looked, he brought him, and Shurayh said to him the same thing that Masruq (may Allah have mercy on him) had said.

It is narrated from Hazrat Sha'bi (may Allah have mercy on him) that a man came to Shurayh and asked about Ilaa. Shurayh recited this very verse. Then that man went to Masruq (may Allah have mercy on him) and related the whole incident. Masruq (may Allah have mercy on him) said: "May Allah have mercy on our master Abu Umayyah; if only others were like him." Then he said: "When four months have passed, one divorce will take effect, and during the waiting period (iddah) he can send a proposal of marriage. And when the waiting period is completed, she can compete with other men for marriage."

It is narrated from Hazrat Jabir bin Zaid, may Allah have mercy on him, that if a person has taken an oath of Ila and four months have passed, then no 'iddah is obligatory upon the wife.

It is narrated from Ibrahim, may Allah have mercy on him, that Sayyiduna Abdullah bin Anas, may Allah be pleased with him, took an oath of abstinence (ila) from his wife and then remained absent for six months. When he returned and came to his wife, people said that she had been separated from him. So they went to Sayyiduna Abdullah, may Allah be pleased with him, and mentioned it. He said: "Go to her and inform her that she has been separated from you, then send her a marriage proposal." Thus, he married her and set a dowry of one ratl of silver.

Hazrat Ibn Tawoos (may Allah have mercy on him) narrates from his father that the one who takes an oath of abstinence (ila) will be stopped at the end of four months, then he should either return (to his wife) or divorce her.

It is narrated from Hazrat Mujahid (may Allah have mercy on him) that the one who takes an oath of abstinence (ila) will be stopped after the completion of four months.