Chapter Of Swearing Not To Have Sex With One's Wife

Rule (1510) EILA means one's swearing not to have sex with one's wife. Such swearing is only effective by the name of ALLAH TA'ALA and no other names and it must be for the reason of harming (the wife) if it is for some benefit or for the sake of the child the Eila will not become effective, it will become an oath and swearing and the rules of swearing will apply to it.

Rule (1511) It is necessary that Eila is formed by a perfectly mature, free of compulsion and aware of his decision man, even if he is a slave, a castrated, or in fact an impotent but with some objection and the objection is stronger when the person's penis is not able to enter the female organ.

Rule (1512) It is necessary for the validity of Eila that the wife's marriage is permanent with which sex is performed that it (Eila) must be without mention of time or for more than four months.

Rule (1513) If the wife presents her case to the high authority in sharia he gives the husband four months time from the time of hearing if he revokes his oath and pays the expiation after doing sex, otherwise, he will force him to divorce or to perform sex and pay expiation and pressure him by reducing his food and drink until he accepts one of the alternatives and if he refuses both the high authority divorces her and if he divorces her it will be revocable divorce or irrevocable as the case may be.

Rule (1514) If one swears not to have sex for a certain time, and remains defensive, and does not do any of the two choices mentioned about it until the time is over, there will be no expiation on him but there will be expiation on him if he does sex before the passing of time.

Rule (1515) If he claims to have had sex, his words will be accepted on oath.

Rule (1516) An able person's decision to have sex is to actually have it, but one who is not able to have it for some reason his having it done is to decide to do it upon regaining such ability.