Is intercourse permissible with a wife before fulfilling the act upon which the husband swore an oath not to do (or to do)?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Intercourse with the wife remains permissible before the husband performs the act upon which he swore an oath concerning her (e.g., 'If I do not strike so-and-so, you are divorced'). This view is held by Abu Hanifa and Al-Shafi'i. The basis is that the marriage remains valid, no divorce or other prohibition has taken place, thus intercourse is permissible, similar to saying, 'If I divorce you, you are divorced,' where the divorce only takes effect upon fulfillment.
Supporting text
Saeed bin Al-Musayyib, Al-Hasan, Al-Sha'bi, Yahya Al-Ansari, Rabi'a, Malik, and Abu Ubayd hold that he must abstain from intercourse until he performs the sworn act, arguing that the default state is non-performance and non-occurrence of divorce. Al-Ansari, Rabi'a, and Malik suggested setting a specific time limit for this abstinence, similar to an oath of abstention from intercourse.