What is the ruling if a husband swears, 'By God, I will not have intercourse with you except bad intercourse (juma' suu')'?

General Chapter

Al-Mughni

Book of the Oath of Abstention (Ila')

Book 41 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a husband swears, 'By God, I will not have intercourse with you except bad intercourse,' the ruling depends on his specific intent. If he intended intercourse in the anus, he is considered a Muuli because he has sworn off intercourse in the vagina. Similarly, if he intended not to have intercourse with her except outside the vagina, he is considered a Muuli.

Supporting text

If he intended weak intercourse, meaning it does not exceed the mere touching of the circumcised parts (iltaqaa' al-khitaanayn), he is not considered a Muuli because he can fulfill the obligatory intercourse during reconciliation without breaking his oath.