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The question

What should a husband do if his wife refuses to have intercourse and swears she will not touch him?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a husband swears by Allah not to touch his wife, he is permitted to retract his oath while offering expiation for the oath (kaffarat yameen). However, if his intention is to abstain from intercourse for a period exceeding four months, this constitutes ila' (a vow of abstinence), which is forbidden because it is an oath to abandon an obligation.

If he swears by divorce to abstain from intercourse with her, this is also considered ila' by the majority of scholars. In this case, if he engages in intercourse, the divorce occurs. This is contrary to the view of Ibn Taymiyyah, who holds that it is an oath for which expiation is due, and divorce does not occur thereby.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
109531
Imported
Translation status
Source text, unreviewed
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