The husband’s ability to have intercourse: The majority of scholars hold the view that the ability of the husband to have intercourse is required, so his Eelaa’ be valid. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
2. Taking oath by Allah or any of His Attributes: The majority of scholars hold the view that it is not required for the Eelaa’ to take place and that the oath should be only taken by Allah or any of His Attributes. They deem it effective even when a person makes it in the form of a threat like saying, if I have intercourse with you, then you are divorced, or my slave is manumitted, or I am fasting tomorrow, or performing pilgrimage and so on. This is the view of the Hanafi, Maliki, and Shafi’i and one of the reported views of Ahmad.
3. Taking an oath to abstain from having intercourse with the wife for more than four months: The majority of scholars [177] According to the Hanafi Madhab, if the husband swears to abandon intercourse with his wife for four months, then it is deemed Eelaa’. hold the view that it is required for the Eelaa’ to take place that the husband takes an oath not to have intercourse with his wife for more than four months. This is the view of the Maliki, Shafi’i and Hanbali Madhabs and the opinion of most of the Companions and Taabi’een.
4. The ability of the wife to have intercourse: It is required for the Eelaa’ to take place that the wife is physically able to have intercourse. This is the view of the Shafi’i and Hanbali Madhabs.
5. Islam: The majority of scholars hold the view that for Eelaa’ to take place, it does not require the husband to be a Muslim. This is the view of the Hanafi [178] The Hanafi scholars hold the view that the Eelaa’ of the Dhimmi to perform pilgrimage, fast, give away in charity, and so on is invalid. , Shafi’i, and Hanbali Madhabs.
6. Puberty: The majority of scholars [179] Eelaa’ is valid for the minor boy who is in the age of discerning according to the Hanbali Madhab. hold the view that for Eelaa’ to take place, the husband needs to have reached puberty. Hence, it does not take place if the person is minor, i.e., he has not reached puberty. This is the view of the Hanafi, Maliki, and Shafi’i Madhabs and one of the reported views in the Hanbali Madhabs, which is favoured by Ibn Qudaamah.
7. Sanity:
a. If the person is insane: The four Madhabs agree that the husband needs to be sane at the time of making the Eelaa’ so it can be valid. Hence, it is not deemed valid if the person who takes the oath of Eelaa’ is insane.
b. If the person is intoxicated:
i. If intoxication is religiously excused: If a person takes an oath to carry out Eelaa’ while being intoxicated and he is deemed excused in religion for such intoxication [180] The example of this is when a person drinks an intoxicant substance without knowing its reality, or the case when a person is forced to drink it. , then his Eeelaa’ is deemed invalid. This is the view of the Maliki Madhab and the apparent view of the Hanafi, Shafi’i and Hanbali Madhabs.
ii. If the person is deliberately intoxicated by choice: The scholars differ on the ruling of the one who takes the oath of Eelaa’ while being intoxicated by choice: The majority of scholars hold the view that the Eelaa’ of the one who willingly chooses to be intoxicated is valid. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs. Other scholars hold the view that the oath of Eelaa’ of who willingly chooses to be intoxicated is invalid. This is one of the valid views within the Hanbali Madhab, adopted by Ibn ‘Uthaymeen, and what seems to be the view of Ibn Taymiyyah, Ibn al-Qayyim and Ibn Baaz.

c. If the person is angry: The four Madhabs agree that the oath of Eelaa’ is valid even if it is taken while the person is angry.
d. If the person is under the influence of a magic spell: The oath of Eelaa’ is invalid if the person who makes it is under the spell of magic. This is according to what the Hanbali Madhab necessitates in regard to divorce, and it is the view of Ibn Taymiyyah and Ibn ‘Uthaymeen.
e. If the person is unconscious: The majority of scholars agree that the Eelaa’ of who is unconscious is invalid [181] The term "unconscious" means in this context the one who is unaware of his words due to mental sickness such that he does not recognise or is aware of the words he utters. It does not refer to the one who is in comma. . This is the view of the Hanafi, Maliki, and Hanbali Madhabs, and it is the apparent view of the Shafi’i Madhab.

8. Deliberation: Making the oath of Eelaa’ by choice is required for its validity. Hence, the Eelaa’ of the one who is forced to do it is deemed invalid according to the Shafi’i and Hanbali Madhabs, and it is the apparent view of the Maliki [182] According to the Maliki Madhab, the Fay’ is not forced; thus, it is more befitting that the same ruling applies to Eelaa’. However, some Maliki scholars hold the view that being forced to have intercourse with the wife after Eelaa’ is considered Fay’. Madhab and the view of al-Shawkaanee.
9. Intention:
a. Taking the oath of Eelaa’ out of joking: The Eelaa’ is deemed valid even if it was said as a joke. This is explicitly stated by the Hanafi scholars, and it is the apparent view of the Maliki, Shafi’i, and Hanbali Madhabs.
b. Taking the oath of Eelaa’ by mistake: The oath of Eelaa’ is deemed invalid if the person takes it by mistake [183] According to the Shafi’i and Hanbali Madhabs, it is deemed valid and can be enforced by court.   . This is the view of the Shafi’i and Hanbali Madhabs.
10. The consummation of marriage: The majority of scholars hold the view that consummating the marriage is required for the validity of Eelaa’. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.