except by divorcing her co-wives. Likewise, if he revokes the divorce for some of them for this reason, except that the period is resumed from the time of the revocation. If the divorce was irrevocable (ba'in) and he then returns and marries them, or marries some of them, the ruling of Ila' returns, and the period is resumed from the time of the marriage contract. It is the same whether he marries them during the waiting period ('idda), after it, or after another husband and consummation, for reasons we shall mention later. If he says, "I intended a specific one," it is accepted from him, and his oath attaches to her. Thus, if he has intercourse with her, he divorces her co-wives; and if he has intercourse with other than her, nothing of them is divorced, and he is a Muli (one who has sworn Ila') regarding the specified one to the exclusion of others, because she is the one for whom divorce becomes binding upon him by having intercourse with her, unlike the others.

Section: The third condition is that he must swear to refrain from intercourse in the vagina. If he says, "By Allah, I will not have intercourse with you in the anus," he is not a Muli; because he has not refrained from the intercourse that is obligatory upon him, nor does the woman suffer harm by his refraining from it. It is merely forbidden intercourse, and he has reinforced his prohibition of himself from it with his oath. If he says, "By Allah, I will not have intercourse with you except elsewhere than the vagina," he is not a Muli; because he has not sworn regarding the intercourse for which he is held accountable in restitution (fay'), nor is there harm to the woman in his refraining from it. If he says, "By Allah, I will not have sexual relations with you except for an evil form of intercourse," he is asked what he intended. If he says, "I intended sexual intercourse in the anus," he is a Muli, because he has sworn to refrain from intercourse in the vagina. The same applies if he says, "I meant that I would not have intercourse with her except elsewhere than the vagina." If he says, "I meant a weak form of intercourse that does not exceed the meeting of the two circumcised parts," he is not a Muli, because he can perform the intercourse obligatory upon him in restitution without breaking his oath. If he says, "I meant intercourse that does not reach the meeting of the two circumcised parts," he is a Muli, because he cannot perform the intercourse obligatory upon him in restitution without breaking his oath. If he has no specific intention, he is not a Muli, because it is ambiguous, so that which makes him a Muli is not determined. If he says, "By Allah, I will not have sexual relations with you in an evil form of intercourse," he is not a Muli under any circumstances, because he has not sworn to refrain from intercourse, but rather he has sworn to refrain from its disliked description.

Section: The fourth condition is that the person sworn against must be a wife, due to the saying of Allah the Exalted: