Is it disliked for the husband to have intercourse if the authorized agent is absent but the divorce has not been confirmed?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
If the authorized agent is absent, it is disliked for the husband to have intercourse with his wife, due to the possibility that the agent may have already pronounced the divorce. Imam Ahmad prohibited this act based on this concern.
Supporting text
Al-Qadi interpreted this prohibition as a recommendation for precaution (Istihbab), maintaining that the default is the continuation of the marriage contract, thus certainty (Yaqin) must favor maintaining the marriage.