Does intercourse during a religiously forbidden state nullify an oath of abstinence (Ila') and release the husband from it?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
Intercourse performed during a forbidden state nullifies the oath of Ila' (oath of abstinence) and releases the husband from it. This is the position held by Al-Shafi'i. The forbidden states include intercourse with a wife while she is menstruating (Ha'id), in post-natal bleeding (Nifas), while she is in the state of Ihram for Hajj or Umrah, or while the husband is fasting a mandatory fast (Fard) or is himself in Ihram or performing Zihar (a form of divorce/prohibition). The rationale is that the oath is dissolved because the husband has breached the oath through the act, meaning he is no longer abstaining by the ruling of the oath, similar to when he makes expiation for the oath or when he has intercourse with a sick wife. Ahmad explicitly stated that if one swears an oath and then makes expiation for it, the Ila' is lifted even though he did not fulfill the right of the wife, meaning the Ila' is lifted when the oath itself is removed via the act of breaking it (Hinth).
Supporting text
Abu Bakr held that according to the derivation from the Madhhab, the Ila' is not nullified because the intercourse performed was one that is not commanded during reconciliation (Fi'ah), thus it does not lift the Ila', similar to anal intercourse. However, this view is incorrect because the oath is dissolved, and the husband is no longer refraining from intercourse by the decree of the oath.