The time of Fay’: The majority of scholars hold the view that Fay’ takes place during or after the period of Eelaa’. This is the view of the Maliki, Shafi’i, and Hanbali Madhabs.
2. Consequent rulings of Fay’: The four Madhabs [184] The Hanafi Madhab explicitly state that it is applicable if the intercourse takes place during the period of Eelaa’, because they hold the view that if the period expired, the wife is considered divorced.   agree that once the man has intercourse with his wife after taking the oath of Eelaa’, the effect of Eelaa’ ceases to exist, and he is required to offer the expiation for broken oaths if his oath was taken by Allah. Furthermore, the husband is bound to fulfil the condition linked to the oath of Eelaa’ if he stipulated one, such as performing pilgrimage, manumission, divorce, and so on.