Heavenly Jewels

Nevertheless i fhe has sexual intercourse with her within four months then the Qasambreaks andKafaarah for it becomes Laazim. Ifhe did not have sexual intercourse with her until even the fourth month expired also then Talaaq occurs. Rllle- Some words of Eela are Sareeh (explicit) while some are Kinaayah (metaphorical) . Afew examples of Sareeh follow, "Wallah (oath on Allah) J shall not have sexual intercourse with her, J shall not have Qurbat with you, 1 shall not have sohbat with you, 1 shall not havesexual intercourse withyou, 1 shall notsleep withyou." In short, those words that turn the mind to the meaning of sexual intercourse and are used for it cause Eela-e-Sareeh. Niyyat is of no consequence in this as without intention even, Eelawill also occur. The fol lowing are a few examples ofKinaayah, "1 shall not go nearyour bed, 1 shall not lie nearyou, my body will not touchyourbody, Ishall not remain withyou" S imilarly those words that are used for other meanings besides sexual intercourse do not cause Eela to occur without Niyyat. (Raddul­ Muhtaar) Rllle- There are a few conditions for Eela and if even one of them is unfound, then it will not take place. 1 . Eela can only be made with a Mankooha (woman with whom Nikah has been made) or that woman who has been given Talaaq-e-Raj ee. 2. The husband is Ahle-Talaaq (meaning he has the ability to give T a laa q ) . Hen c e the Eela of an insane or Naa-Baaligh is not Sahih (correct). 3 . The minimum period should not be less than 4 months and there is no l imit for the maximumtime. 205