If one swears, 'If I do not pay your right in the month of Ramadan, my wife is divorced,' when does the divorce occur?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The divorce does not occur until Ramadan ends without the right being paid. If payment occurs at the very end, the condition (Sifah) is not met until the month concludes, and in neither case (payment at the beginning or end) does the oath prevent conjugal relations before the oath is broken (Hanith).
Supporting text
Malik stated that conjugal relations are prevented before the fulfillment of the condition, arguing that any oath regarding an action one will perform prevents intercourse before performance, as the apparent intent is to fulfill the oath, which is done by refraining from the action.