What is the ruling regarding consummation when the husband has conditioned the utterance of triple divorce upon coitus?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If the husband conditions the triple divorce upon coitus, he is not ordered to return to marital relations (fi'ah). Instead, he is ordered to execute the divorce because consummation is rendered impossible. The act of inserting the glans penis (hushfa) is sufficient to sever the marriage, meaning that any further enjoyment constitutes engaging with a non-mahram woman.
Supporting text
Some Shafi'i scholars permit the return to relations (fi'ah) because withdrawal (naz') constitutes stopping the act of intercourse, and stopping is not intercourse itself. The opinion aligning with Ahmad's school leans towards prohibiting returning due to three reasons: 1) The end of the act involves a non-mahram woman, and withdrawal involves pleasure akin to coitus, making it prohibited like breaking the fast if dawn occurs during intercourse. 2) It is akin to uttering a forbidden divorce (talāq bid'ah), and thus actualizing its cause is prohibited. 3) It results in a triple divorce, which is forbidden. Furthermore, if he engages in the act, he must withdraw immediately upon inserting the glans penis, moving neither further nor lingering, as she is temporarily treated as a non-mahram.