Îlâ’ or Taking an oath on not going to one’s wife
1. A person takes an oath and says: “I swear by Allah that I will not engage in sexual intercourse”, “I swear by Allah that I will never have sex with you”, “I take an oath that I will not have sex with you.” Alternately, he takes an oath that is similar in meaning to the above-mentioned oaths. The rule with regard to this is that if he does not engage in sexual intercourse with her, talâqul bâ’in will take place on the expiry of four months. Without remarrying, they cannot live as husband and wife. But if the husband breaks his oath within four months and has sexual intercourse with his wife, divorce will not take place. However, he will have to pay the kaffârah for breaking his oath. In the Sharî‘ah, such an oath is called ’îlâ’ (which literally means “oath”).