Suspension of Ila' due to a condition is of two types:

The first type is: Suspending Ila' on an impossible condition:

If Ila' is suspended on an impossible condition such as the husband’s saying: By Allah, I shall not have sexual intercourse with you until you go up to the sky or turn a stone into gold, in this case a husband is practicing Ila' because the meaning is to abandon having sexual intercourse with his wife because when someone suspends something on an impossible condition this means that he does not want the condition to be effective in the first place such as Allah's Saying about the disbelievers: "And they will not enter Paradise until the camel goes through the eye of the needle (which is impossible)." [Surat Al A`raf: 40], and the meaning is: They shall never enter paradise.

The second type is: Suspending Ila' on a possible condition, and that is divided into five categories:

The first is: Suspending it on something that cannot take place before the passage of four months such as the establishment of the Hour because it has portents that precede it, so this cannot be done within four months. Such a husband is practicing Ila' because his oath shall take place after four months.

The second is: Suspending Ila' on something that cannot exist within four months such as the emergence of the Anti-Christ, the Beast, or other portents of the Hour or to say: Until I die or you die or your child dies, or so and so dies or until so and so comes from Makkah; in all these cases the husband is practicing Ila' and all these cannot happen within four months.

The third is: Suspending Ila' on something that is probable to take place within four months such as the coming of so and so from a short journey, this is not a kind of Ila' because we cannot know whether his oath shall be within four months or not.

The fourth is: Suspending it on something that shall happen within four months such as the wilting of a legume or the dryness of his garment or the fall of rain in its due time or the arrival of a pilgrim in the due time, such a person is not practicing Ila' because he did not intend to harm her by not having sexual intercourse with her for more than four months, and it will be as if he says: I shall not have sexual intercourse with you for a month.

The fifth is: Suspend it on her actions or the actions of others which are divided into three categories:

The first is: To suspend it on a permissible action where there is no hardship such as saying: By Allah, I shall not have sexual intercourse with you until you enter this house or wear this garment or until I fast a day. This type is not Ila' because it can take place without any harm on her, hence it has the same ruling as the previous type.

The second is: To suspend it on something prohibited such as his saying: By Allah, I shall not have sexual intercourse with you until you drink wine, commit adultery, drop your pregnancy, leave out Salah, or until I kill so and so; this is a type of Ila' because he suspends it on something that is prohibited.

The third is: To suspend it on an action which will cause harm to its doer such as to say: I shall not have sexual intercourse with you until you drop you dower or drop your debt or take care of my child or donate your house to me, all these forms are Ila' because taking her money or the money of others without her consent or the consent of others is prohibited like drinking wine.

 

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