Surah Al-Baqara (2) — Ayah 226

(Ayah227,226) { يُؤْلُوْنَ:} is a masculine plural absent verb form, from the If‘aal form, with a hamza at the beginning and ending with yaa, its root is {”آلٰي يُؤْلِيْ اِيْلَاءً“ ’’ أل و‘‘}. In these two verses, the meaning of "Ilaa’" is that a man swears an oath that he will not have intercourse with his wife. If this oath is for four months or less, then he has the option to fulfill his oath. If, after completing the period, he resumes relations with his wife, there will be no expiation upon him, but if he resumes relations before the period is over, then he must give expiation for his oath. The Messenger of Allah (peace and blessings be upon him) once swore an oath not to go near his wives for a month, and after the period was over, he resumed relations with them. [ بخاری، النکاح، باب ھجرۃ النبی صلی اللہ علیہ وسلم نساء ہ… : ۵۲۰۲] And the Prophet (peace and blessings be upon him) did not give any expiation. (Shawkani)

In the time of ignorance, after marriage, some people would swear an oath not to go near their wives for a long period, or would swear an oath for an indefinite period, leaving the poor woman hanging—neither with a husband nor free to marry elsewhere. Allah Almighty, in these verses, ended this injustice. Now, if someone swears an oath for more than four months, or swears an oath without specifying a period, then for such a person, this verse has set a period of four months: either, as soon as this period is completed, he should resume relations with his wife, or else he should straightforwardly divorce her. If he chooses the first option, he must give expiation, and if he does not choose either of the two options, then the ruler will compel him to choose one of them. Divorce does not automatically take place just by the passing of four months. This is what the wording of the verse indicates, and Imam Bukhari (may Allah have mercy on him) has mentioned this statement from Ibn Umar, Uthman, Ali, Abu Darda, Aisha (may Allah be pleased with them), and twelve other companions in "{كِتَابُ الطَّلاَقِ} (5291)". Most of the Imams have also given this same verdict.

226. 1. That is, if a husband swears an oath that he will not have relations with his wife for one month or two months, then after the completion of the oath period he resumes relations, there is no expiation. However, if he resumes relations before the completion of the period, he will have to pay the expiation for the oath. And if he swears for a period longer than four months or swears without specifying a period, then in this verse a period has been fixed for such people that after four months have passed, he must either resume relations with his wife or divorce her. In the first case, he will have to pay the expiation for the oath. If he does not choose either of the two options, then the court will compel him to choose one of the two options: either resume relations or divorce, so that the woman is not wronged. (Ibn Kathir)

226. For those who swear not to approach their wives, there is a waiting period of four months. But if they return (to their wives) [302], then surely Allah is Most Forgiving, Most Merciful.

[302]
The Waiting Period for a Divorced Woman:

The period of ila’ (taking an oath not to have relations with one’s wife) is four months. For example, if someone swears not to have relations for three months, this is not considered ila’ according to the Shari’ah. Now, there are two scenarios: if he resumes relations within three months, then he must pay the expiation for his oath; and if he does so after three months, then there is neither expiation nor divorce. If four months pass and the man does not return, then divorce will take place, and according to some jurists, this matter will go to the court and divorce will be effected through the court. [مزيد تفصيل سورة مجادله ميں ديكهئے]