What is the legal ruling if the husband qualifies his oath not to have intercourse by stating the purpose was to prevent conception?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the husband states that his intent with the phrase "until you become pregnant" was causal, meaning, "I will not approach you *in order that* you become pregnant," then he is not deemed to have taken an oath of abstinence (Muli). This is because he swore concerning the intent to cause conception, not an oath to abstain from intercourse itself, as the particle 'hatta' (until) can be used to indicate causation.