in them. So if four months pass and his wife refers the matter to the ruler, he suspends him and commands him to perform restitution (fay'ah). If he refuses, he commands him to divorce. His wife does not become divorced merely by the passage of the duration. Ahmad said regarding Ila': 'He is suspended,' [a view transmitted] from the major companions of the Prophet (peace be upon him). There is something from 'Umar that indicates this, as well as from 'Uthman and 'Ali, and he proceeded to authenticate the hadith of 'Ali. Ibn 'Umar and 'A'ishah held this view, and it is narrated from Abu al-Darda'. Sulayman ibn Yasar said: 'Nineteen men from the companions of Muhammad (peace be upon him) used to suspend [the case] in Ila'.' Suhayl ibn Abi Salih said: 'I asked twelve of the companions of the Prophet (peace be upon him), and all of them said: Nothing is upon him until four months pass; then he is suspended. If he makes restitution, he does so; otherwise, he divorces.' Sa'id ibn al-Musayyib, 'Urwah, Mujahid, Tawus, Malik, al-Shafi'i, Ishaq, Abu 'Ubayd, Abu Thawr, and Ibn al-Mundhir held this view. Ibn Mas'ud, Ibn 'Abbas, 'Ikrimah, Jabir ibn Zayd, 'Ata', al-Hasan, Masruq, Qabisah, al-Nakha'i, al-Awza'i, Ibn Abi Layla, and the scholars of opinion (ashab al-ra'y) said: 'When four months pass, it is a final divorce (taliqah ba'inah).' This is narrated from 'Uthman, 'Ali, Zayd, and Ibn 'Umar. It is also narrated from Abu Bakr ibn 'Abd al-Rahman, Makhul, and al-Zuhri that it is a revocable divorce (taliqah raj'iyyah). It is recounted that Ibn Mas'ud used to recite: {If they make restitution} in them {then indeed Allah is Forgiving, Merciful}. This is because this is a duration designated for demanding the action from him, so it is in terms of duration like the duration of impotence ('unnah). Our position is the word of Allah Almighty: {For those who swear an oath [not to have intercourse] with their wives, there is a waiting period of four months; then if they make restitution, indeed Allah is Forgiving, Merciful}.