And because (78) whoever is validly divorced by, it is valid for him to perform Ila', such as the Muslim, and whoever's oath is valid before the judge, it is valid for him to perform Ila', such as the Muslim.

Section: In Ila', anger is not a condition, nor is the intention of causing harm. This is narrated from Ibn Mas'ud, and it is the opinion of al-Thawri, al-Shafi'i, the people of Iraq, and Ibn al-Mundhir. It is narrated from Ali, may Allah be pleased with him: "There is no Ila' in reconciliation" (79). From Ibn Abbas, he said: "Ila' is only in anger" (80). A similar view is narrated from al-Hasan, al-Nakha'i, and Qatadah. Malik, al-Awza'i, and Abu 'Ubayd said: Whoever swears not to have intercourse with his wife until she weans their child, it is not considered Ila' if he intends the welfare of his child. Our position is the generality of the verse, and because he is preventing [himself from] having intercourse with her by his oath, so he is a mu'li, like the state of anger. This is confirmed (82) by the fact that the ruling of Ila' is established for the right of the wife, so it must be established regardless of whether he intended harm or did not intend it, just like the fulfillment of her debts and the destruction of her property. Also, divorce, Dhihar, and all other oaths are the same in both anger and pleasure, so Ila' is the same. Furthermore, the ruling of an oath regarding expiation and other matters is the same in anger and pleasure, so it is the same in Ila'. As for when he swears not to have intercourse with her until she weans their child, if he intends the time of weaning and its duration exceeds four months, he is a mu'li. If he intends the act of weaning, he is not a mu'li, because it is possible before four months, it is not prohibited, nor does it involve depriving her of a right, so he is not a mu'li, just as if he swore not to have intercourse with her until she enters the house.

Section: Regarding the expressions by which one becomes a mu'li, there are three categories; the first of which is what is explicit