circumstances, namely the state of her displeasure, so he can have intercourse in the other circumstance without breaking the oath. When she demands that he fulfill his marital obligation (fay'ah), it is upon her consent. If he says, "By Allah, I will not have intercourse with you until you will," it is like his saying, "except with your consent," and he does not become a Muli by that. If he says, "By Allah, I will not have intercourse with you unless your father wills," or "so-and-so wills," he is not a Muli; because he has conditioned it upon an act from him that is possible to occur within the four months as a non-remote possibility, and it is not forbidden, nor does it contain harm, so it is similar to if he said, "By Allah, I will not have intercourse with you unless you enter the house." If he says, "By Allah, I will not have intercourse with you unless you will," he is not a Muli, and it is in the position of his saying, "except with your consent," or "until you will." Abu al-Khattab said: If she wills in the same session, he does not become a Muli, [and if not, he becomes a Muli]. The companions of Al-Shafi'i said: If she wills immediately following his words, he does not become a Muli; otherwise, he becomes a Muli, because the expression of will, according to them, must be immediate, and it has been forfeited by her delay. The Qadi said: His oath becomes binding, and if she wills, it is dissolved; otherwise, it remains binding. Our position is that he has prevented himself through his oath from having intercourse with her except upon her desire, [so it is similar to if he said: "except with your consent," or "until you will." And because he has conditioned it upon the existence of the desire], it is similar to if he conditioned it upon the desire of someone else. As for the Qadi's statement: If he meant the existence of the desire immediately, then it is like their statement. And if he meant the existence of the desire with delay, and the oath is dissolved thereby, that is not considered Ila'; because conditioning an oath upon an act whose occurrence is possible within the period [of the four months], as a non-remote possibility, is not Ila'. And Allah knows best.

Section: If he says, "By Allah, I will not have intercourse with you," it is Ila', because it is a statement that implies perpetuity. If he says, "By Allah, I will not have intercourse with you for a duration," or "My abstaining from having intercourse with you will certainly be long," and he intends a duration exceeding more than four