Usul16

’Ila’ (swearing) does not Take Place except after Going to Bed with one’s Wife

4 narrations

Related topics

Detestability of Divorcing a Cooperating Wife5Three Talaq (Divorce) in Hayd (menses) Free Period in the Presence of Witnesses in One place and Time or More is One Talaq4The Case of One who Arranges Witnesses Separately or Divorces in the Presence of a People but Does not Ask them to Bear Witness4Appointing Witness to Divorce Two Women with One word1Arranging Witness for Revocation of Divorce5Revocation of Divorce without Going to Bed is not Valid5No name3No name1One Who is not Lawful for her Husband without Marriage to another Man6Issues that Validate and Invalidate Divorce4An Absent Man Returns and Divorces at that Time that Divorce Does not Take Place until She Experiences Hayd (menses)2Divorcing an Uncooperative Wife7
alkafi-10930Vol. 6, p. 134

قُلْتُ لَهُ الرَّجُلُ يُؤْلِي مِنِ امْرَأَتِهِ قَبْلَ أَنْ يَدْخُلَ بِهَا قَالَ لَا يَقَعُ الْإِيلَاءُ حَتَّى يَدْخُلَ بِهَا.

“I once asked abu ‘Abd Allah (a.s.), about the case of a man’s ’ Ila ’ (swearing) against his wife before going to bed with her. He (the Imam) said, ‘ 7/a’ (swearing) does not take place until one goes to bed with his wife.’”

alkafi-10932Vol. 6, p. 134

سُئِلَ أَمِيرُ الْمُؤْمِنِينَ ع عَنْ رَجُلٍ آلَى مِنِ امْرَأَتِهِ وَ لَمْ يَدْخُلْ بِهَا قَالَ لَا إِيلَاءَ حَتَّى يَدْخُلَ بِهَا فَقَالَ أَ رَأَيْتَ لَوْ أَنَّ رَجُلًا حَلَفَ أَنْ لَا يَبْنِيَ بِأَهْلِهِ‌[1] سَنَتَيْنِ أَوْ أَكْثَرَ مِنْ ذَلِكَ أَ كَانَ يَكُونُ إِيلَاءً.

“Abu ‘Abd Allah (a.s.), has said that once a man who was involved in 7/a’ (swearing) against his wife before going to bed with her, asked ’Amir al-Mu’minin. He (the Imam) said, ‘ 7/a’ (swearing) does not place until one goes to bed with his wife,’ He (the Imam) then said, ‘If a man swears not to go to bed with his wife