If He Swears Not to Have Intercourse with His Wife
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The third question of Fatwa No. ( 10298 )
Q3: Is it permissible for a person to swear to his wife that he will not engage in sexual intercourse, regardless of the circumstances? He swore to this and then returned to his wife. Now, is this permissible or not?
A3: It is not permissible for a Muslim to swear to abstain from having intercourse with his wife. If he does so, a period of four months is set for him. If he retracts his oath and has intercourse with her, he has returned to his duty. If he refuses to return, the judicial authority separates them; as Allah the Exalted said:[Al-Baqarah 2:226-227]
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q3: Is it permissible for a person to swear to his wife that he will not engage in sexual intercourse, regardless of the circumstances? He swore to this and then returned to his wife. Now, is this permissible or not?
A3: It is not permissible for a Muslim to swear to abstain from having intercourse with his wife. If he does so, a period of four months is set for him. If he retracts his oath and has intercourse with her, he has returned to his duty. If he refuses to return, the judicial authority separates them; as Allah the Exalted said:
(226) For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. (227) And if they decide on divorce - then indeed, Allah is Hearing and Knowing.
لِلَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ (226) وَإِنْ عَزَمُوا الطَّلاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.