The Condition of an Oath in Ila' and Abstaining from Intercourse for More Than Four Months
Machine translationRead the Arabic original
Question:
Your Eminence, the father. The questioner says: Is it a condition of ila' that it be accompanied by an oath, or is that not required, such as if a man leaves his wife and does not have intercourse with her for more than four months?
Answer:
This is not a case of ila', but it carries the ruling of ila'. The one who leaves her without ila' has the ruling of the one who has made ila'; the ruling of the one who has made ila' is applied to him, even though he is not one who has made ila', by way of analogical reasoning to avert harm from her.
The presenter:
May Allah reward you
Your Eminence, the father. The questioner says: Is it a condition of ila' that it be accompanied by an oath, or is that not required, such as if a man leaves his wife and does not have intercourse with her for more than four months?
Answer:
This is not a case of ila', but it carries the ruling of ila'. The one who leaves her without ila' has the ruling of the one who has made ila'; the ruling of the one who has made ila' is applied to him, even though he is not one who has made ila', by way of analogical reasoning to avert harm from her.
The presenter:
May Allah reward you
Source
قناة «العلامة الدكتور صالح الفوزان»، 089 من 123 / شرح كتاب زاد المستقنع / الظهار / صالح الفوزان / الفقه / كبار العلماء — youtube.com (39:45)
The Arabic text is a machine transcription of the audio recording.