The prohibition of having sexual intercourse with a menstruating woman

It is forbidden to have sexual intercourse with a menstruating woman, and the proof to that is:

A- Allah's Saying: "They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath)." [Surat Al Baqarah: 222].

B- When this Ayah was revealed, the Prophet (peace be upon him) said: "Do everything except sexual intercourse."[1]

* If a person has sexual intercourse with his menstruating wife, expiation is due. Expiation is to give a dinar or a half in charity because of the Hadith of Ibn `Abbas (may Allah be pleased with him) that the Prophet (peace be upon him) said to the husband who has sexual intercourse with his menstruating woman: "You must pay a dinar or a half."[2] [Reported by Ahl-ul-Sunan (authors of Hadith compilations classified by jurisprudential themes) but the authenticity of the Hadith is controversial]. Scholars who graded it as weak such as Al Shafi`y, Ibn Al Mundhir, An-Nawawy, and others hold the view that there is no expiation, but surely a husband is sinful in what he did, and the most sound opinion is: It is a weak Hadith, And Allah knows best!

Al Hafizh ibn Hajar (may Allah bestow mercy on his soul) said: "The text as well as the chain of transmission are defective." At-Tirmidhy (may Allah bestow mercy on his soul) said: "General scholars in all cities adopted the view that there is no expiation in such a case." It is a proof that acting according to the Hadith is overlooked.

* A benefit: As-Sufrah is a yellowish water such as the water of wounds. Al Kudrah is water mixed with reddish such as pus comes before menstruation but it is not part of menstruation, and likewise when it comes after menstruation because of the Hadith of Um `Atiyyah (may Allah be pleased with her): "We would not take into consideration brown and yellow (fluid) after purification."[3]

However, when it comes during menstruation, it is part of menstruation.

* A benefit: Sheikh Ibn `Uthaymain (may Allah bestow mercy on his soul) said[4]:

It is permissible for a woman to use some methods to prevent her period with two conditions:

1- Not to harm the wife.

2- The permission of the husband must be taken if it is connected with his right as if a wife is waiting for her `Iddah to end and he spends on her during that period, so she uses methods to prolong the duration of expenditure. Likewise, if it is proven that preventing menstruation also prevents pregnancy, the permission of the husband is a must.

As for using things that cause menstruation, it is permissible with two conditions:

1- Not to use it to overlook an obligatory duty such as using it before Ramadan to break the fast.

2- It must be done by the permission of the husband because menstruation prevents the husband from his perfect enjoyment. If a wife is divorced, it accelerates the drop of his right to take his wife back in marriage if he has the right to take her back in marriage.

Taken from Bidayt Al Mutafaqqihin Fi Sharh Minhaj As-Salikin (The book of purification).

                                 

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[1] Reported by Muslim No. (302) on the authority of Anas ibn Malik (may Allah be pleased with him).

[2] Reported by Abu Dawud No. (2170), At-Tirmidhy No. (136), An-Nasa'y No. (370), and Ibn Majah No. (640).

[3] Reported by Abu Dawud No. (307) and its original text is found in Al Bukhari No. (326).

[4] See: Risalat Ad-Dima' At-Tabi`iyyah (p. 80).