Does the husband incur breaking the oath (*Hinth*) and subsequent expiation if he performs intercourse while insane?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
The correct ruling is that he does not incur breaking the oath (*la yahneeth*) if he performs the act while insane because the pen is lifted from him. He is still released from the *Ilaa'* because he has fulfilled her right, satisfying what is required of him in her right, similar to a sane person. The expiation is waived due to the lifting of the pen.
Supporting text
Abu Bakr held that he incurs *Hinth* and the expiation because he performed what he swore against. Furthermore, Al-Qadi indicated that the *Ilaa'* remains binding if he was insane during the act; thus, when he recovers and has intercourse, the expiation becomes due, and the obligation of *Ilaa'* persists, requiring a new period to be set from the time of intercourse.