Does intercourse with one's wife violate an oath sworn not to speak to her?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If a man swears not to speak to his wife and subsequently has intercourse with her, his oath is not broken, unless his intention behind the oath was to shun or abandon her (hجرانها). Ahmad stated concerning a man who swore to his wife, 'If I speak to you for five days, you are divorced,' that if the husband has no specific intention (to cause distress), he is permitted to have intercourse with her without speaking to her.