Eelaa (taking an oath to abstain from having any relations with one's wife)
Q: A man insisted his wife to go out of the country to work with him, and his wife did not want to go because of the environment in the western country, she was afraid that he would go there. In order not to deteriorate in this environment, her husband then told her that if she did not comply, he swore that he would not go near her for four months, and four months had passed, Does it lead to divorce?
A: If the husband says to his wife, "I will not have any relationship with you for four months", then with the passing of four months without him having any relations with her, one talaq baain (irrevocable talaaq) takes place. This is called eelaa in shariat. However, in this case, the husband suspended the eelaa upon a condition i.e. the wife not coming to live with him in his country. Hence, there can be two situations.
1. If the husband had given his wife a time limit to come e.g. he said, "If you do not come by the end of this month, then I will not come close to you for four months,", and she did not comply and go within the time limit, then if four months elapsed after the time limit without him having relations with her, one talaaq baain (irrevocable talaaq) had taken place.
2. If the husband left his statement general and did not restrict it with any time limit e.g. he said, "If you do not come to the country I am living in, then I will not come close to you for four months", then in this case, since he did not restrict her coming to his country with any time limit, no talaaq had taken place as it is possible for her to comply at anytime in her life and travel to the country where he is residing.
And Allah Ta'ala (الله تعالى) knows best.
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