Does intercourse occurring while the husband is asleep result in breaking an oath made against sexual relations?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
Intercourse that occurs while the husband is asleep does not result in breaking the oath because he did not perform the action he swore against, and the religious accountability is suspended for him during sleep.
Supporting text
The ruling regarding remaining under the classification of 'Mooli' (one bound by 'Ila') mirrors the discussion above: if the wife achieved her due right, he might be released, but if the right remains unfulfilled due to his continued inability to perform due to the oath's constraint, he remains under 'Ila'.