What is the ruling regarding the prohibition of intercourse for the husband after the oath 'If I am pregnant, you are divorced,' according to Al-Qadi?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 8 · Bab 2

Open in Qurani

Primary text

Intercourse is forbidden whether the revocable divorce (Raj'iyyah) is considered permissible or forbidden, because intercourse prevents knowledge of whether the divorce has occurred or not.

Supporting text

Abu al-Khattab holds an alternative narration where intercourse is not forbidden because the default is the continuation of the marriage and the womb being free of pregnancy. Intercourse becomes permissible in both narrations after 'istibra', which is one menstrual cycle.