Thus, if a man swears not to have intercourse with his wife, intending to punish her because she puts him off and defies him when he requests it, then, if she repents of this and becomes obedient and agreeable, the reason for the abstention he imposed upon her no longer applies—just as if he had abstained from her because of her defiance and that defiance then ceased. But if he intended to refrain from intercourse with her forever because of her earlier sin, whether or not she repented—such that even if he knew she would sincerely repent, his purpose would still be to punish her for what had passed, just as a man punishes another for a past sin whether or not he has repented of it, not to deter him from future wrongdoing, but merely to appease his own anger or the like—then this is a different case. And Allah knows best.
He—may Allah Most High have mercy on him—was asked:
A man swore on pain of divorce that he would not have intercourse with his wife for six months, with only one divorce remaining. His intention was not to have intercourse with her until that period had elapsed. What should he do once it has elapsed?
He replied:
Once the period has elapsed, he may have intercourse with her and incurs no liability, provided she did not demand intercourse from him when four months had elapsed. This is the position of Mālik, Ahmad, al-Shāfi‘ī, and the majority of scholars. He is termed a “mūlī” (a husband who has sworn to abstain from intercourse with his wife).