Chapter 10: Ila, Dhihar and Kaffarah (Expiation)

324. This is where the husband takes an oath that he will not approach his wife, i.e. not to have sexual intercourse with her, as a kind of discipline. The maximum period for the Ila' as set by the Qur'an is four months (Surah al-Baqarah 2:226).

325. A practice that goes back to pre-Islamic times. It is when the husband makes a statement to his wife like, "You are to me like the back of my mother," meaning never to approach her. For the Muslims Allah prescribed an expiation to be offered by anyone who says such a thing and it is not regarded as divorce.



1130. A'ishah narrated, 'Allah's Messenger look an oath not to approach his wives (made Ila') and prohibited (something which is not unlawful in itself).Then he went back and made this thing lawful (as it was originally) and offered an expiation for his oath.' Related by At-Tirmidhi with a trustworthy chain of narrators.






1131. Ibn 'Umar narrated, 'When the period of four months has expired (as stated in the Qur'an), the husband either returns to his wife (has a normal relationship with her) or divorces her. And the divorce is not valid until the husband declares it himself.' Related by Al-Bukhari.







1132. Sulaiman bin Yasar narrated, 'I met over ten Companions of the Prophet who gave the husband a maximum of four months for the Ila' (after which he should either divorce her or resume his relationship with her)'. Related by Ash-Shafi.







1133. Ibn' Abbas narrated, 'Ild' at the time of Jahiliyah (pre-Islamic period), used to continue for one or two years, Allah revealed that it is not to exceed four months. If it continues for less than four months, then it is not considered Ila',' Related by Al-Baihaqi.







1134. Ibn 'Abbas narrated, 'A man practiced Dhihar with his wife and then he had intercourse with her. He went to the Prophet and said, 'I had intercourse with her before making the prescribed expiation.' The Messenger of Allah said to him, "Do not approach her until you do what Allah ordered you to do." Related by the four Imams and rendered as Sahih by At-Tirmidhi. The narration of Al-Bazzar is as follows, "Offer the prescribed expiation and do not do it again."







1135. Salamah Ibn Sakhr narrated, 'When the month of Ramadan came, I feared lest I should have intercourse with my wife (while fasting), so I made Dhihar with her and told her that she is like the back of my mother. One night (in Ramadan) I saw something of her (body) so I had intercourse with her. The Messenger of Allah said to me, "Free a slave!' I said, 'I do not possess any but myself.' He again said, 'Then fast for two consecutive months!" I said, 'Whatever I suffered was due to my fasting.' He said, "Feed sixty poor people one Faraq (a measure that equals 15 Sa') of dates.' Related by Ahmad and the four Imams except for An-Nasa'i. Ibn Khuzaimah and Ibn al-Garud graded it as Sahih.