Is a man considered a Muuli if he swears, 'By God, I will not have intercourse with you except outside the vagina'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 3 · Bab 1

Open in Qurani

Primary text

A man who swears, 'By God, I will not have intercourse with you except outside the vagina' is not considered a Muuli. This is because he has not sworn off the intercourse demanded during reconciliation (al-fay'ah), and there is no harm to the wife in omitting intercourse outside the vagina.