What should a husband do if his wife refuses to have intercourse and swears she will not touch him?
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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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