Boycoting the wife for three months
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The second question of Fatwa No. ( 20443 )
Q2: What are the consequences for a man who boycotts his wife for more than three months? Does this fall under the ruling of ila'? Please note that this boycott was a disciplinary measure for his wife's insistence on engaging in certain behaviors that typically occur between spouses, which do not contradict the Shari'ah. What is ila' and how is it carried out?
A2: If a man boycotts his wife for more than three months, and this is due to her nushuz (marital defiance), meaning her disobedience to her husband regarding the marital rights he is entitled to, and she persists in this after he has admonished her, warned her of Allah the Exalted, and reminded her of the rights her husband has over her, then he may boycott her in the bed for as long as he wishes; as a disciplinary measure for her until she fulfills her husband's rights willingly. The Prophet (peace and blessings be upon him) boycotted his wives and did not enter their rooms for a month. However, regarding speech, it is not permissible for him to boycott her for more than three days; based on the authentic hadith of the Prophet (peace and blessings be upon him) from Anas ibn Malik (may Allah be pleased with him), who said:
Sahih al-Bukhari 6065 It was narrated by the Imam al-Bukhari and Muslim in their (Sahihayn), and by Ahmad in his (Musnad). However, if a husband boycotts his wife in the bed for more than four months to harm her, without any fault on her part regarding her husband's rights, then he is considered one who has sworn ila', even if he did not take an oath. The period for ila' is set for him. If four months pass and he does not return to his wife and have intercourse with her in the vagina, provided he is capable of intercourse and she is not menstruating or in post-natal bleeding, then he is ordered to divorce her. If he refuses to return to his wife and refuses to divorce her, the judge will divorce her on his behalf or annul the marriage if the wife requests it.
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: What are the consequences for a man who boycotts his wife for more than three months? Does this fall under the ruling of ila'? Please note that this boycott was a disciplinary measure for his wife's insistence on engaging in certain behaviors that typically occur between spouses, which do not contradict the Shari'ah. What is ila' and how is it carried out?
A2: If a man boycotts his wife for more than three months, and this is due to her nushuz (marital defiance), meaning her disobedience to her husband regarding the marital rights he is entitled to, and she persists in this after he has admonished her, warned her of Allah the Exalted, and reminded her of the rights her husband has over her, then he may boycott her in the bed for as long as he wishes; as a disciplinary measure for her until she fulfills her husband's rights willingly. The Prophet (peace and blessings be upon him) boycotted his wives and did not enter their rooms for a month. However, regarding speech, it is not permissible for him to boycott her for more than three days; based on the authentic hadith of the Prophet (peace and blessings be upon him) from Anas ibn Malik (may Allah be pleased with him), who said:
Lo! It is not permissible for any Muslim to desert (not talk to) his brother (Muslim) for more than three days.
ولا يحل لمسلم أن يهجر أخاه فوق ثلاثة أيامAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.