Islamic Rulings: Intimacy, Intercourse During Menstruation/Nifas, and Expiation
Question: Is intimacy with the wife permissible during the state of menstruation and Nifas (postpartum bleeding)? And is intercourse allowed after the menstrual bleeding stops but before performing Ghusl (ritual bath) or not? Also, if a person has intercourse with his wife during menstruation, what is the expiation (Kaffarah) for it?
Answer:
Alhamdulillah:
It is permissible to have intimacy and enjoy pleasure with the wife during the state of menstruation and Nifas; however, according to the Quranic text and the consensus of Muslims, having intercourse in the private part (vagina) during menstruation and Nifas is Haram (forbidden).
Allah the Exalted 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 harm, so keep away from wives during menstruation. And do not approach them until they are pure. And when they have purified themselves, then come to them from where Allah has ordained for you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."
(Surah Al-Baqarah, Verse 222)
Tafseer (Exegesis):
“Al-Maheed” (الْمَحِيْضِ) is a verbal noun from “Hada Yaheedu,” and its original meaning is “to flow.” It refers to the woman’s blood that comes according to habit every month. Blood that comes contrary to habit is Istihadah (illness).
The word “Adha” (اَذًى) is used for pain, illness, and filth; it carries all three meanings. Since it is indefinite, it is translated as “a kind of filth/harm.” Its being filth is obvious; from a medical perspective as well, the woman is closer to illness than health during these days, and in this state, intercourse with her can cause illness for both the husband and the wife.
Sheikh Ibn Uthaymeen (may Allah have mercy on him) says in Sharh Al-Mumti’:
“Maheed” refers to the place of menstruation and the duration. Its place is the private part, so as long as she is in the state of menstruation, intercourse is forbidden.
(See Sharh Al-Mumti’ 1/413)
Ibn Qudamah (may Allah have mercy on him) says:
The specification of staying away from the place of blood is evidence that [intimacy] elsewhere 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 menstruated, they would not eat or drink with her, nor keep her in their homes. The Companions asked the Prophet (peace be upon him) about this, so Allah revealed this verse:
“They ask you about menstruation. Say, ‘It is harm, so keep away from wives during menstruation…'” until the end of the verse.
So the Messenger of Allah (peace be upon him) said:
“Do everything except intercourse.”
When the Jews learned of this, they said, “This man wants to oppose us in all our affairs.”
(Sahih Muslim Hadith No. 302)
It is explicitly mentioned in Ahadith that in this state, it is permissible for the husband to kiss the woman, embrace her, and indeed do everything except intercourse. While remaining in this state at home, she can cook food, breastfeed the child, and do every household chore; however, going to the mosque, prayer, and fasting are not permissible for her.
‘Ikrimah narrates from one of the wives of the Prophet (peace be upon him) that when the Prophet (peace be upon him) wanted to do something during the state of menstruation, he would put a cloth over her private part.
(Sunan Abu Dawood Hadith No. 272)
Hafiz (rahimahullah) says its chain is strong, and Allama Al-Albani (rahimahullah) declared it Sahih in Sahih Abu Dawood (242).
And it is better for the man that if he wishes to enjoy his wife during menstruation, he should ask her to wear something from the navel to the knees, then have intimacy in the parts other than that.
The evidence for this is the following Ahadith:
Mother of the Believers Aisha (may Allah be pleased with her) narrates that when one of us was in the state of menstruation and the Prophet (peace be upon him) wished to be intimate, he would tell her to bind a waist sheet (Izār), even though there was a heavy flow of blood, then he would embrace her body (i.e., be intimate).
(Sahih Bukhari Hadith No. 302)
(Sahih Muslim Hadith No. 2293)
Mother of the Believers Maimunah (may Allah be pleased with her) narrates that the Messenger of Allah (peace be upon him) used to be intimate with his wives above the waist sheet during menstruation.
(Sahih Muslim | Book: Menstruation | Chapter: Intimacy with the menstruating woman above the waist sheet / Hadith 294)
Ibn al-Qayyim (rahimahullah) says in Tahdhib al-Sunan:
It is evident from this that the prohibition is only regarding the place of menstruation, which is intercourse; other than that remains permissible. The Ahadith that mention the waist sheet do not contradict this, because that is a better method to avoid the filth.
There is also a possibility that a distinction be made between the beginning and the final days of menstruation; and at the time of heavy blood flow, covering from the navel to the knees with a sheet may be recommended (Mustahabb), which corresponds to the initial days of menstruation.
Hafiz (rahimahullah) says:
This is supported by the following Hadith which Ibn Majah (rahimahullah) narrated with a Hasan (good) chain:
Umm Salamah (may Allah be pleased with her) narrates that the Prophet (peace be upon him) would avoid [intimacy] for three days during the intensity of the blood, and after that, he would be intimate.
The Permanent Committee for Fatwa (Al-Lajnah Al-Daimah) of Saudi Arabia has issued this fatwa:
Intercourse with the wife is forbidden for the husband during the state of menstruation, but he has the right to have intimacy other than intercourse.
(See Fatawa Al-Lajnah Al-Daimah 5/359)
Therefore, from all these Ahadith and verdicts, it is understood that during the state of menstruation and Nifas, every act with the wife is permissible except intercourse in the private part.
Intercourse is not correct after becoming clean from menstruation but before Ghusl (Ritual Bath)
Allah the Exalted 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)
“And they ask you about menstruation. Say, ‘It is harm, so keep away from wives during menstruation (do not have intercourse). And do not approach them (with the intention of intercourse) until they are pure. And when they have purified themselves (taken a bath thoroughly), then come to them according to Allah’s command.'”
Hafiz Ibn Kathir (RA) says in the commentary of this verse:
(وقد اتفق العلماء علی ان المراۃ اذا انقطع حیضھا لاتحل حتیٰ تغتسل تعذر ذلک علیھا علیھا بشرطہ ، الا ان أباحنفیۃ رحمہ اللہ۔۔۔
“The scholars have agreed that when a woman’s menstrual blood stops, she does not become lawful for the man until she performs Ghusl with water, or performs Tayammum in case of inability/excuse, except for Abu Hanifa (may Allah have mercy on him) [who does not consider Ghusl mandatory in all cases].”
(Tafseer Ibn Kathir: 1/350)
It is known that in this verse (حَتّٰى يَطۡهُرۡنَ) refers to “the stopping of menstrual blood” and (فَاِذَا تَطَهَّرۡنَ) refers to “performing Ghusl”.
The glorious Tabi’i Imam Ikrimah (RA) says:
(اذا نقطع عنھا الدّم فلا یأ تیھا، حتّٰی تطھر، فاذا طھرت فلیا تھا کما أمر اللہ)
“When the menstrual blood stops, her husband should not come to her (for intercourse) until she purifies herself (bathes). When she has bathed, then he may come to her as Allah has commanded.”
(Musannaf Ibn Abi Shaybah: 1/96, 97, and its chain is Hasan)
The great Tabi’i Mujahid bin Jabr (RA) says:
لا یقربھا زوجھا حتیٰ تغتسل۔
“Her husband should not approach her (with the intention of intercourse) until she performs Ghusl.”
(Sunan Darimi: 1117, Musannaf Ibn Abi Shaybah: 1/96, and its chain is Sahih)
Imam Makhul Tabi’i says:
(لایغشی الرّجل المرأۃ اذا طھرت من الحیضۃ حتّٰی تغتسل”
“A man cannot have intercourse with the woman when she becomes free from menstruation until she performs Ghusl.”
(Musannaf Ibn Abi Shaybah: 1/96, and its chain is Sahih)
Imam Ata bin Abi Rabah (RA) was asked about this, so he said:
لا، حتّٰی تغتسل۔
“No! Until she performs Ghusl (intercourse is not correct).”
(Sunan Darimi: 1127, and its chain is Sahih)
Imam Tahawi Hanafi (RA) (d. 321 AH) writes:
“According to our knowledge, there is no difference among the people of knowledge regarding this interpretation (that tatah-harna means performing Ghusl). The stopping of blood is not purity in itself, because by the stopping of blood she has exited menstruation, but intercourse is not permissible for the husband, nor is prayer or Tawaf of Baytullah permissible, until she performs Ghusl with water or performs Tayammum in case water is unavailable.”
(Ahkam al-Quran by Al-Tahawi: 1/127)
Imam Ibn al-Mundhir (RA) (d. 318 AH) writes:
“My Madhhab (view) is the same as that of all the people of knowledge, that a man cannot have intercourse with his wife until she attains purity using water (by performing Ghusl).”
(Al-Awsat by Ibn al-Mundhir: 2/215)
There is no fatwa from any Companion or Tabi’i that allows intercourse after menstruation before Ghusl; therefore, intercourse is not correct after becoming pure from menstruation but before Ghusl.
Note:
Whatever rulings have been mentioned above, women in menstruation and Nifas (postpartum bleeding) are all equal in them.
Ibn Qudamah (may Allah have mercy on him), after describing the types of intimacy with a wife during menstruation, stated:
“And women in Nifas are also like menstruating women in this regard.”
(See Al-Mughni by Ibn Qudamah 1/419)
If a person has intercourse with his wife during the state of menstruation, he should pay Kaffarah (expiation), and its expiation is charity equal to one Dinar or half a Dinar.
Abdullah bin Abbas (RA) narrates that the Messenger of Allah (peace be upon him) said: “Whoever goes to his wife (has intercourse) during menstruation should give one Dinar or half a Dinar in charity.”
(Sunan Abu Dawood, Book of Marriage, Chapter: Expiation for one who approaches a menstruating woman: Hadith No. 2168)
(Sunan An-Nasa’i: 290)
(Sunan Tirmidhi: 136)
(Sunan Ibn Majah: 640)
Sheikh Al-Albani (RA) has declared this Hadith Sahih.
There is a choice to give one Dinar or half a Dinar in charity—whether one wishes to donate one Dinar or half a Dinar. One Dinar is approximately 4.25 grams of gold.
(And Allah knows best what is correct)
Reference: https://alfurqan.info/problems/702
