a Muli, because he is swearing to abstain from having intercourse with her. Our position is that he can have intercourse with her without breaking the oath, so he is not a Muli, just as if he had made an exception in his oath.

Section: If he swears to abstain from having intercourse with her for a year, then makes expiation for his oath, the Ila' is dissolved. Al-Athram said: Abu Abdullah was asked, "Does the Muli make expiation for his oath before the passage of four months?" He said, "The Ila' ceases, and he is not required to stand [before the judge] after the four months, and the Ila' departs when the oath departs." This is because he is no longer prohibited from having intercourse by his oath, so he is like one who swore and made an exception. If his expiation is before the passage of four months, the Ila' is dissolved at the moment of expiation, and he becomes like one who swore to abstain from intercourse for less than four months. If he makes expiation after the four months and before the judicial suspension (waqf), he becomes like one who swore to abstain for more than that, provided the duration of his oath passes before his suspension.

Section: If he says, "By Allah, I will not have intercourse with you if so-and-so wills," he does not become a Muli until he (the third party) wills; if he wills, he becomes a Muli. This is the position of Al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y), because he becomes prevented from having intercourse until he wills, so he is not a Muli until he wills. If he says, "By Allah, I will not have intercourse with you if you will," it is the same. The companions of Al-Shafi'i said: If she wills immediately in response to his words, he becomes a Muli; if she delays the expression of will, his oath is dissolved, because this is giving her the choice, and thus it must be immediate, like his saying, "Choose [in the matter of] divorce." Our position is that he has conditioned the oath upon the will using the particle "if" (in), so it is upon delay (tarakhi), like the will of someone else. If it is said, "Why do you not say he is not a Muli, as he has conditioned it upon her desire, which is similar to if he said, 'I will not have intercourse with you except with your consent'?" We say: The difference between them is that if she wills, his oath becomes binding as a prohibition against having intercourse with her, such that he cannot thereafter have intercourse without breaking the oath. When he says, "By Allah, I will not have intercourse with you except with your consent," he has only sworn to abstain from having intercourse with her in some