it would not become obligatory through an oath to abandon it, just like other things that are not obligatory. Furthermore, marriage was legislated for the welfare of both spouses and to repel harm from them; it leads [to repelling the harm of sexual desire from the woman just as it leads] (26) to repelling it from the man. Thus, the reasoning for it must be based on that, and marriage is a right for both of them together. Also, if she had no right in it, it would not be obligatory to seek her permission for withdrawal (al-'azl), just like a slave-woman. Once its obligation is established, it is set at a limit of four months. Ahmad stated this explicitly. The basis for this is that Allah the Almighty set it at four months in the case of a man who takes an oath of abstinence (ila'), so it is the same for anyone else; because an oath does not render obligatory what was sworn to be abandoned, which indicates that it is obligatory without it. If he persists in abandoning intercourse and the woman makes a demand, it has been narrated by Ibn Mansur from Ahmad regarding a man who married a woman and had not yet consummated the marriage with her, saying: 'Tomorrow I will consummate the marriage with her, tomorrow I will consummate the marriage with her,' for up to a month. Is he to be compelled to consummate? He said: 'I set the limit at four months; if he consummates, then [it is well], otherwise they shall be separated.' Ahmad thus treated him like the one who takes an oath of abstinence (al-muli). Abu Bakr ibn Ja'far (27) said: No one other than him narrated this problem from Ibn Mansur, and it is a matter that requires scrutiny. The apparent view of our scholars is that they should not be separated for this reason, which is the opinion of the majority of jurists, because if a period were set (28) for him for this and they were separated, then the ruling of ila' would have no effect, and there is no disagreement regarding its consideration.

Section: If he travels away from his wife due to an excuse or necessity, her right to division (qasm) and intercourse lapses, even if his travel is prolonged. For this reason, the marriage of a missing person is not annulled (29) if he left maintenance for his wife. If he has no excuse preventing him from returning, Ahmad held the view that it should be timed at six months. For it was said to him: 'How long may a man be absent from his wife?' He said: 'Six months; he is written to, and if he refuses to return, the judge shall separate them.' He only resorted to setting this limit due to the hadith of 'Umar, narrated by Abu Hafs, via his chain of authority from Zayd ibn Aslam (30) who said: 'While 'Umar ibn al-Khattab was guarding Medina, he passed by a woman in her house who was saying...'