"Those who swear to abstain from their wives have four months of waiting. Therefore, if they revert back, Allah is Most-Forgiving, Very-Merciful. And if they resolve to divorce, Allah is All-Hearing, All-Knowing." (2:226-227)

Note

If someone takes an oath that he will not have sexual intercourse with his wife, the case has four situations:

(A) No time-limit was fixed.
(B) A time-limit of four months was fixed.
(C) A time-limit of more than four months was fixed.
(D) The limit was identified as less than four months

So, situations A, B and C are termed in Shari'ah as 'eelaa'. The injunction covering these situations is: If the oath-taker breaks his oath within four months and resumes sexual intercourse with his wife, he will have to come up with kaffaarah for his oath while his nikaah (marriage) remains intact. And should it be that the time-limit of four months did expire and the oath-taker did not break his oath, an irrevocable divorce on his wife will become effective, that is, taking her back without remarriage does not remain correct any more. However, if they, by mutual consent, enter into marriage this will be correct. Halaalah (an intermediary marriage of the woman with a third person) is not required. The injunction in the fourth situation is: If the oath is broken, kaffaarah will be required and if the oath is completed, the marriage, even then, will remain valid. (Bayan al-Qur'an) (Ma'ariful Qur'an)

» Posted by Seifeddine-M on 23rd July 2011

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