Is the vow of abstinence ('Ila') nullified if a wife initiates intercourse while the husband is asleep?
General Chapter
Al-Mughni
Book of the Oath of Abstention (Ila')
Primary text
If a wife initiates the intercourse while the husband is asleep, he does not break his oath because he did not perform the act he swore against. Furthermore, the pen (of accountability) is lifted from him due to his state of sleep.
Supporting text
There are two possible outcomes concerning whether he remains under the ruling of 'Ila'. One view suggests he is released from 'Ila' because the wife has attained her right, resembling a situation where intercourse had taken place. The second view holds that he does not exit the ruling of 'Ila' because he did not fulfill her right to intercourse, and the prohibition of intercourse established by the oath remains, meaning he is still considered to be in 'Ila'.