Question: Is it permissible to have intercourse with a wife during her menstruation (Haiz) and post-natal bleeding (Nifas)? And can one engage in intercourse after the menstrual blood has stopped but before she has performed Ghusl (ritual bath)? Also, if a person has intercourse with his wife during her menstruation, what is its expiation (Kaffarah)?
Answer:
Alhamdulillah:
It is permissible to be intimate and engage in pleasure and amusement with a wife during menstruation and post-natal bleeding. However, according to the clear text of the Quran and the consensus of Muslims, it is forbidden (haram) to have sexual intercourse in the private parts during menstruation and post-natal bleeding.
Allah Ta’ala says:
أَعـوذُ بِاللهِ مِنَ الشَّيْـطانِ الرَّجيـم
بِسْمِ اللّٰهِ الرَّحْمٰنِ الرَّحِيْمِ
وَ يَسۡـــَٔلُوۡنَكَ عَنِ الۡمَحِيۡضِۙ قُلۡ هُوَ اَذًى فَاعۡتَزِلُوۡا النِّسَآءَ فِى الۡمَحِيۡضِۙ وَلَا تَقۡرَبُوۡهُنَّ حَتّٰى يَطۡهُرۡنَۚ فَاِذَا تَطَهَّرۡنَ فَاۡتُوۡهُنَّ مِنۡ حَيۡثُ اَمَرَكُمُ اللّٰهُؕ اِنَّ اللّٰهَ يُحِبُّ التَّوَّابِيۡنَ وَيُحِبُّ الۡمُتَطَهِّرِيۡنَ
Translation:
And they ask you about menstruation. Say, "It is a harm (a type of filth), so keep away from women during menstruation and do not approach them until they are pure. And when they have purified themselves (by taking a bath), then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repenting and loves those who purify themselves."
(Surah Al-Baqarah, Ayah No. 222)
Tafsir (Explanation):
الْمَحِيْضِ is a verbal noun from “حَاضَ یَحِیْضُ,” its original meaning is “to flow.” It refers to the blood that a woman experiences monthly as a matter of habit. Blood that flows contrary to the habit is Istihadah (a chronic illness).
The word “اَذًى” can mean discomfort, illness, and filth. As it is indefinite, it has been translated as “a type of filth.” Its filthiness is apparent. Medically, a woman during these days is closer to illness than to health, and intercourse in this state can be a cause of illness for both the husband and wife.
Sheikh Ibn Uthaymeen (may Allah have mercy on him) says in Sharh al-Mumti’:
“Mahid” refers to the place and period of menstruation, and its place is the private parts. Therefore, intercourse will be forbidden as long as she is in a state of menstruation.
(See Sharh al-Mumti’, 1/413)
Ibn Qudamah (may Allah have mercy on him) says:
The specification to stay away from the place of bleeding is evidence that anything other than that is permissible.
(See Al-Mughni by Ibn Qudamah, 1/415)
Anas (may Allah be pleased with him) narrates that when a woman among the Jews was menstruating, they would not eat or drink with her, nor would they keep her in their homes. The companions of the Prophet (peace be upon him) asked him about this, so Allah Ta’ala revealed the verse:
“They ask you about menstruation. Say, ‘It is a harm, so keep away from women during menstruation…'” until the end of the verse.
Then the Messenger of Allah (peace be upon him) said:
“Do everything except intercourse.”
When the Jews came to know of this, they said, “This man wants to oppose us in everything we do.”
(Sahih Muslim, Hadith No. 302)
It is explicitly mentioned in the Hadiths that during this state, it is permissible for the husband to kiss his wife, to embrace her—in short, everything is permissible except intercourse. In this state, she can stay at home, cook, breastfeed the child, and do all household chores. However, it is not permissible for her to go to the mosque, pray, or fast.
Ikrimah narrates from one of the wives of the Prophet (peace be upon him) that when the Prophet (peace be upon him) wanted to be intimate during menstruation, he would place a cloth over his wife’s private parts.
(Sunan Abu Dawood, Hadith No. 272)
Hafiz (Ibn Hajar) says its chain of narration is strong, and Allamah al-Albani (may Allah have mercy on him) declared it Sahih in Sahih Abu Dawood (242).
It is better for a man, if he wishes to be intimate with his wife during her menstruation, to ask her to wear something from the navel to the knees, and then he may be intimate with the rest of her body.
The evidence for this is in the following Hadiths:
Umm al-Mu’minin Aisha (may Allah be pleased with her) narrates that when one of us was menstruating and the Prophet (peace be upon him) wanted to be intimate, he would order her to tie an izar (waist-wrap), even when the bleeding was heavy, and then he would have direct contact with her body (i.e., intimacy).
(Sahih al-Bukhari, Hadith No. 302)
(Sahih Muslim, Hadith No. 2293)
Umm al-Mu’minin Maymunah (may Allah be pleased with her) narrates that the Messenger of Allah (peace be upon him) used to be intimate with his wives over an izar (waist-wrap) while they were menstruating.
(Sahih Muslim | Book: The Book of Menstruation | Chapter: Intimacy with a menstruating woman over the izar / Hadith 294)
Ibn al-Qayyim (may Allah have mercy on him) says in Tahdhib al-Sunan:
“This makes it clear that the prohibition is only regarding the place of menstruation, which is intercourse. Everything else is permissible. The hadiths that mention the izar do not contradict this, because it is a better way to avoid the impurity. It is also possible that a distinction is made between the beginning and end of the menstrual period, and it is recommended (mustahabb) to cover the area from the navel to the knees with an izar during heavy flow, which is at the beginning of the period.”
Hafiz (Ibn Hajar) says:
This is supported by the following hadith narrated by Ibn Majah with a hasan (good) chain:
Umm Salamah (may Allah be pleased with her) narrates that the Prophet (peace be upon him) would avoid the heavy flow for three days and would be intimate after that.
The Permanent Committee for Scholarly Research and Ifta (Al-Lajnah ad-Daimah) of Saudi Arabia issued this fatwa:
“It is haram for a husband to have intercourse with his wife during her menstruation, but he has the right to be intimate with her in ways other than intercourse.”
(See Fatawa al-Lajnah ad-Daimah, 5/359)
Therefore, from all these Hadiths and Fatawa, it is understood that during menstruation and post-natal bleeding, everything is permissible with one’s wife except for intercourse in the private parts.
Intercourse is not permissible after menstruation has ceased but before performing Ghusl (ritual bath).
Allah, the Lord of Glory, says:
(وَ یَسۡـَٔلُوۡنَکَ عَنِ الۡمَحِیۡضِ ؕ قُلۡ ہُوَ اَذًی ۙ فَاعۡتَزِلُوا النِّسَآءَ فِی الۡمَحِیۡضِ ۙ وَ لَا تَقۡرَبُوۡہُنَّ حَتّٰی یَطۡہُرۡنَ ۚ فَاِذَا تَطَہَّرۡنَ فَاۡتُوۡہُنَّ مِنۡ حَیۡثُ اَمَرَکُمُ اللّٰہُ ؕ)
(Surah Al-Baqarah: 222)
"They ask you about menstruation. Say, 'It is an impurity. So keep away from women during menstruation (do not have intercourse), and do not go near them (with the intention of intercourse) until they are pure. Then, when they have thoroughly purified themselves (by bathing), come to them as Allah has commanded you.'"
Hafiz Ibn Kathir (may Allah have mercy on him) says in the commentary of this verse:
“The scholars are in agreement that when a woman’s menstruation stops, she does not become permissible for her husband until she performs Ghusl with water, or Tayammum if she is unable, under its prescribed conditions, except for Abu Hanifa (may Allah have mercy on him)…”
(Tafsir Ibn Kathir: 1/350)
It is understood that in this verse, (حتی یطھرن – until they are pure) refers to “the cessation of menstrual blood,” and (فاذا تھرن – when they have purified themselves) refers to “performing Ghusl.”
The great Tabi’i Imam Ikrimah (may Allah have mercy on him) says:
“When the blood stops, he should not approach her until she purifies herself (bathes). When she has purified herself, then he may approach her as Allah has commanded.”
(Musannaf Ibn Abi Shaybah: 1/96, 97, and its chain is Hasan)
The great Tabi’i Mujahid ibn Jabr (may Allah have mercy on him) says:
“Her husband should not approach her (with the intention of intercourse) until she performs Ghusl.”
(Sunan ad-Darimi: 1117, Musannaf Ibn Abi Shaybah: 1/96, and its chain is Sahih)
Imam Makhul, the Tabi’i, says:
“A man cannot have intercourse with a woman after she becomes pure from menstruation until she performs Ghusl.”
(Musannaf Ibn Abi Shaybah: 1/96, and its chain is Sahih)
When Imam Ata ibn Abi Rabah (may Allah have mercy on him) was asked about this, he said:
“No, not until she performs Ghusl (is intercourse permissible).”
(Sunan ad-Darimi: 1127, and its chain is Sahih)
Imam Tahawi al-Hanafi (d. 321 H) writes:
“To our knowledge, there is no difference of opinion among the scholars regarding this interpretation (that تَطَھَّرْنَ means to perform Ghusl). The cessation of blood in itself is not purity, because although she has exited the state of menstruation, intercourse is not permissible for her husband, nor are prayer and tawaf of the Kaaba, until she performs Ghusl with water or performs Tayammum if water is unavailable.”
(Ahkam al-Qur’an by al-Tahawi: 1/127)
Imam Ibn al-Mundhir (d. 318 H) writes:
“My madhhab (school of thought) is the same as that of all scholars: a man cannot have intercourse with his wife until she purifies herself with water (by performing Ghusl).”
(Al-Awsat by Ibn al-Mundhir: 2/215)
There is no fatwa from any Companion (Sahabi) or Successor (Tabi’i) that permits intercourse after menstruation before performing Ghusl. Therefore, intercourse is not permissible after purification from menstruation but before performing Ghusl.
Note:
All the rulings mentioned above for a menstruating woman apply equally to a woman in the state of post-natal bleeding (Nifas).
Ibn Qudamah (may Allah have mercy on him), after listing the types of intimacy with a wife during menstruation, said:
“And women in the state of Nifas are like menstruating women in this regard.”
(See Al-Mughni by Ibn Qudamah, Vol. 1 / 419)
If a person has intercourse with his wife during her menstruation, he must give Kaffarah (expiation), which is to give one dinar or half a dinar in charity.
It is narrated from Abdullah ibn Abbas (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: “Whoever has intercourse with his wife while she is menstruating should give one dinar or half a dinar in charity.”
(Sunan Abu Dawood, An-Nikah, Bab fi Kaffarati man ata ha’idan: Hadith No. 2168)
(Sunan an-Nasa’i: 290)
(Sunan at-Tirmidhi: 136)
(Sunan Ibn Majah: 640)
Sheikh al-Albani (may Allah be pleased with him) has authenticated this hadith as Sahih.
One has the choice to give either one dinar or half a dinar in charity. One dinar is approximately 4.25 grams of gold.
((And Allah Ta’ala knows best what is correct.))
Reference: https://alfurqan.info/problems/702
