QUESTION ❓
Assalamu Alaikum, respected scholar. What is the Islamic ruling on a man who has sexual intercourse with his wife while she is menstruating? Is there an expiation (kaffarah) that he must pay?
ANSWER
❗️
Wa Alaikum Assalam
wa Rahmatullahi wa Barakatuh.
Islam prohibits
vaginal sexual intercourse during menstruation. If a couple knowingly and
willingly engage in intercourse during this period, they must take the matter
seriously, stop the prohibited act, and sincerely repent to Allah.
However, scholars
have differed over whether a specific expiation is obligatory in addition to
repentance. It is important to explain both the established prohibition and the
disagreement concerning kaffarah.
1.
What Does the Qur'an Say About Intercourse During Menstruation?
Allah, the Most
High, says:
Arabic:
﴿وَيَسْأَلُونَكَ
عَنِ الْمَحِيضِ ۖ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ وَلَا
تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ ۖ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ
حَيْثُ أَمَرَكُمُ اللَّهُ﴾
Transliteration:
Wa yasʾalūnaka
ʿani al-maḥīḍi qul huwa adhan faʿtazilū an-nisāʾa fī al-maḥīḍi wa lā
taqrabūhunna ḥattā yaṭhurna fa-idhā taṭahharna faʾtūhunna min ḥaythu amarakum
Allāh.
English
translation:
“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.’”
Reference: Surah al-Baqarah, 2:222.
This verse
establishes the prohibition of sexual intercourse during menstruation. Once
menstruation has ended, the woman must perform the required ritual bath before
intercourse resumes.
The same general
prohibition of intercourse during postpartum bleeding (nifas) is
recognised in Islamic jurisprudence.
It is important to
understand that this prohibition concerns sexual intercourse, not every form of
affection between spouses. Other forms of affection are addressed separately in
Islamic teachings.
2.
What Should a Couple Do If Intercourse Occurs During Menstruation?
If a husband and
wife knowingly and willingly engage in intercourse during menstruation, they
should:
1.
Stop the prohibited act.
2.
Feel genuine remorse for disobeying Allah.
3.
Seek Allah's forgiveness sincerely.
4.
Resolve not to repeat the act.
5.
Observe the relevant rulings concerning kaffarah, while
recognising the scholarly disagreement over whether it is obligatory.
Allah's mercy is
vast, and sincere repentance is open to anyone who turns back to Him.
If the act
occurred through genuine ignorance of the ruling, forgetfulness, or coercion,
the circumstances must be considered when assessing responsibility. A person
should not be declared sinful without considering relevant details.
3.
Is Kaffarah Obligatory?
Scholars have
differed over whether a specific expiation must be paid by someone who
deliberately has intercourse with his wife during menstruation.
A narration
attributed to Ibn Abbas (may Allah be pleased with him) reports that the
Prophet Muhammad (peace and blessings be upon him) said concerning such a
person:
Arabic:
«يَتَصَدَّقُ بِدِينَارٍ أَوْ نِصْفِ دِينَارٍ»
Transliteration:
Yataṣaddaq
bi-dīnār aw niṣfi dīnār.
English
translation:
“He should give in
charity one dinar or half a dinar.”
References: Sunan Abi Dawud, 264; Jamiʿ al-Tirmidhi, 137.
Scholars have
discussed the authenticity and interpretation of this narration, and they have
differed over its legal implications.
Some scholars have
considered the payment obligatory in the relevant circumstances, while others
have not regarded it as an obligatory expiation because of their assessment of
the evidence. The amount and details are also discussed in the juristic literature.
Therefore, it
would be inaccurate to state that all scholars agree that kaffarah is
obligatory. A person seeking a ruling for an actual incident should consult a
qualified scholar who can explain the position followed and whether any payment
is required.
Regardless
of this disagreement, sincere repentance is essential when the act was
committed knowingly and willingly.
4.
What If the Husband Did Not Know That His Wife Was Menstruating?
The circumstances
matter.
If a person
genuinely did not know that menstruation had begun, did not know the religious
ruling, forgot, or was coerced, the assessment of sin and expiation may differ
from that of someone who knowingly and willingly violated the prohibition.
If menstruation
begins during intercourse and the couple becomes aware of it, they should stop.
Where the facts
are uncertain, a qualified scholar should assess the case rather than applying
one ruling to every situation.
5.
Are There Medical Risks Associated With Intercourse During Menstruation?
Menstruation is a
normal biological process, and medical risks should be explained accurately
rather than exaggerated.
Sexual intercourse
during menstruation may involve exposure to blood and can affect the risk of
transmitting certain infections, particularly where a sexually transmitted
infection is present. However, it is not medically accurate to claim that
intercourse during menstruation inevitably causes infection, infertility, or
permanent illness.
The Islamic
prohibition is established by religious evidence and does not depend on proving
that a particular medical complication will occur in every case.
Muslims should
observe Allah's commands while also seeking reliable medical advice when health
concerns arise.
Conclusion
Sexual intercourse
during menstruation is prohibited in Islam, as established in Surah al-Baqarah,
2:222. A couple who knowingly and willingly violate this prohibition should
sincerely repent and resolve not to repeat the act.
Scholars differ
over whether a specific kaffarah is obligatory. A narration mentions
giving one dinar or half a dinar in charity, but scholars differ over the
narration's legal status and whether it establishes an obligation. Anyone
dealing with a specific incident should seek qualified scholarly guidance.
May Allah forgive
our shortcomings, guide Muslim couples to what pleases Him, and help us observe
His commands with sincerity and understanding.
Wallāhu
Taʿālā Aʿlam — And Allah knows best.
Zauren Fatawoyi Bisa Alƙur’ani da Sunnah
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