Definition of the Eelaa’: The linguistic meaning of Eelaa’ is taking an oath and swearing. However, in religion, it is a technical term that means taking an oath to abstain from having intercourse with the wife permanently or for more than four months. [176]  This is according to the view of the majority of scholars that Eelaa’ does not take place unless the husband takes an oath that he will not have intercourse with his wife for more than four months.  The Hanafi Madhabs, however, holds the view that Eelaa’ is established if the husband takes oath that he will not have intercourse with his wife for four months or more. The majority of scholars, except the Hanbali scholars, hold the view that Eelaa’ is established if the husband swears that his wife will be divorced, his slave will be freed, or vows to do such-and-such if he has intercourse with his wife the wife.  

2. The ruling of the Eelaa’: The four Madhabs agree that it is forbidden for the husband to take an oath to abstain from having intercourse with his wife.