the anus. This is not correct, because his oath has been dissolved, and he no longer remains abstaining from intercourse by the ruling of the oath; therefore, the Ila' does not remain, just as if he had made expiation for his oath, or as if he had had intercourse with her while she was ill. Ahmad has stated, regarding someone who swore an oath and then made expiation for it, that he does not remain an muli, due to the lack of the ruling of the oath even though he had not fulfilled her right; so it is even more appropriate for it to cease with the cessation of the oath due to his breach of it. The Qadi has mentioned, regarding the person in a state of Ihram and the person performing Zihar, that if they have intercourse, they have fulfilled her right. He distinguished this from intercourse in the anus, for one does not break the oath by it, and it is not a location for intercourse, unlike our current issue.

Section: If he performs Ila' against her, and there is an excuse preventing intercourse on the part of the husband, such as his illness, imprisonment, state of Ihram, or fasting, the duration is counted against him from the time of his Ila', because the impediment is on his part, and the empowerment that is incumbent upon her has been met. For this reason, if she makes herself available to him, and he is abstaining due to an excuse, the maintenance (nafaqah) becomes incumbent upon her. If any of these excuses occur after the Ila', or he becomes insane, the duration is not interrupted, for the reason we mentioned. If the impediment is on her part, we examine it: if it is menstruation, it does not prevent the setting of the duration, because if it were to prevent it, it would not be possible to set the duration at all, since menstruation, in most cases, is a monthly occurrence, which would lead to the nullification of the ruling of Ila'. And if menstruation occurs, it does not interrupt the duration, for what we have mentioned. Regarding post-natal bleeding, there are two views: one is that it is like menstruation, because its rulings are the rulings of menstruation; the second is that it is like other excuses that are on her part, because it is rare and not habitual, so it resembles the rest of the excuses. As for the other excuses on her part, such as her youth, illness, imprisonment, state of Ihram, her mandatory fasting, her mandatory i'tikaf, her disobedience (nushuz), and her absence, whenever any of these exist during the Ila', the duration is not set for him until they cease, because the duration is set for his abstaining.