from the time he swore the Ila' (71), even if she is within the waiting period (idda). This is mentioned by Ibn Hamid and is the opinion of Abu Hanifah. It follows from the opinion of al-Khiraqi that the period is not calculated against him except from the time he takes her back (ruju'), because the apparent meaning of his statement is that a revocable wife is forbidden. This is the school of al-Shafi'i, because she is in a waiting period from him, so she is similar to a woman who is irrevocably divorced. Furthermore, when a divorce occurs, it cuts off the period, and thus no part of the period prior to his taking her back is calculated against him; therefore, it is even more appropriate that he should not resume the period during the waiting period. The reasoning for the first view is that whoever's Ila' is valid, the period is calculated against him from the time of his Ila', just as if she were not divorced. [And because she is permissible, the period is calculated against him while she is in that state, just as if he had not divorced her] (72). It differs from the irrevocably divorced woman, for she is not a wife, and Ila' from her is not valid (73) under any circumstances, so she is like other stranger women.

Section: Ila' is valid from every wife, whether she is a Muslim or a Dhimmi (protected non-Muslim), whether she is free or a slave, due to the generality of His saying, the Almighty: {For those who swear [an oath of Ila'] from their wives, a waiting period of four months [is expected]}. And because each one of them is a wife, so Ila' from her is valid, just like the free Muslim woman. Ila' is valid both before and after consummation. This is the opinion of al-Nakha'i, Malik, al-Awza'i, and al-Shafi'i. 'Ata', al-Zuhri, and al-Thawri said: Ila' is only valid after consummation (74). As for our position, it is the generality of the verse and the meaning, and because he (75) is prevented from having intercourse with his wife by his oath, so it is similar to [the case] after consummation. Ila' is valid from an insane woman or a young girl, except that he is not held to [the requirement of] making restitution (fay'ah) during the period of minority or insanity, because they are not among those subject to the demand. As for the ratqa' (one with vaginal atresia) and the qarna' (one with vaginal obstruction), Ila' from them is not valid, because intercourse is permanently impossible, so the oath to refrain from it does not take effect, just as if he swore not to ascend to the sky. It is possible that it is valid and the period is fixed for him, because the prevention is due to a cause on her part, so she is like the sick woman. According to this, it is necessary that he performs the restitution of