What constitutes the breaking of an oath when swearing concerning sexual relations using the terms 'to have intercourse with her' (liujami'aha) or 'not to have intercourse with her' (la yujami'aha)?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 2 · Bab 2

Open in Qurani

Primary text

The oath refers specifically to intercourse within the vagina. The oath is not broken by intercourse that does not involve penetration into the vagina, even if ejaculation occurs. This ruling is based on the principle that oaths are interpreted according to established custom, and the established custom in this context requires penetration.