Does the vow of īlāʾ take effect by the intention not to have sexual intercourse with one's wife for a year without uttering it, or is utterance necessary? And does the vow of īlāʾ take effect by uttering it in the wife's absence, or is it necessary for her to hear the īlāʾ?

The husband's resolve not to have intercourse with his wife is not considered ila' (a vow of abstinence) by the majority of scholars, in contrast to the Malikis and Hanbalis in one narration, who consider it ila' if the husband intends to cause harm. If the abstention from intercourse is due to an excuse, no time limit is set for it. However, if it is without excuse, some scholars believe that a period of four months should be set for him, after which the husband is ordered to have intercourse or divorce. According to the majority, divorce does not occur merely by the expiration of the period. Instead, the wife refers her case to the judge, who then orders the husband to divorce or the judge divorces them. Meanwhile, the Hanafis hold that divorce occurs immediately upon the expiration of the period. The ila' oath is enacted by uttering it. If the wife does not refer the matter to the judge until the ila' period expires, the ila' is dissolved, and the husband is not required to offer expiation.