What is the ruling on a man who swore an oath concerning his wife that he would not approach her (have intercourse with her) for two months, and that if he did approach her, she would be divorced, and does she get divorced if he approaches her during this period, or is expiation for an oath (kaffarat yamin) incumbent upon him?

If a man swears not to have sexual intercourse with his wife for a period less than four months, this is considered īlāʾ (a vow of abstention). If he then has intercourse with her, he must offer expiation for breaking an oath (kaffārat yamīn). As for conditioning divorce on having intercourse with the wife, the majority of jurists hold that divorce occurs when the condition is met. However, some scholars are of the view that this depends on the husband's intention: if he intended for divorce to occur, it occurs; but if he intended merely a threat, then he must offer expiation for breaking an oath. The cautious approach is to avoid intercourse with her until the period ends, in accordance with the opinion of the majority of scholars.