Q:
A person had sexual intercourse with his wife during her menstruation
or after menstruation or postpartum period but before she performed Ghusl (complete ritual bath) out of ignorance of the ruling, should he pay Kaffarah (expiation)? If so, how much is it? If the wife gets pregnant from this intercourse, will the child be illegitimate? (Part No. 5; Page No. 399)
A:
All praise be to Allah Alone, and peace and blessings be upon His Messenger, and his family and Companions.
Having sexual intercourse with a menstruating woman in her vagina is Haram (prohibited) because Allah says (what means):
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).
He who does so should seek Allah’s forgiveness, repent to Him, and give a Dinar (old Arab coin that equals 2.975 grams of gold) or half a Dinar in charity as expiation for what he committed.
It is reported by
Ahmad
and the Compilers of Sunan with good Isnad (chain of narrators) on the authority of
Ibn ‘Abbas (may Allah be pleased with them) that the Messenger of Allah (peace be upon him) said:
“He who has conjugal intercourse with his wife while she is menstruating should give a Dinar or half a Dinar in charity.”
So, whichever one you give in charity, it will suffice you. The Dinar is 4/7 of the Saudi pound. For example, if the Saudi pound equals 70 Riyals, you should pay 20 Riyals or 40 Riyals to the poor. It is not permissible for the husband to have sexual intercourse with his wife after purity - cessation of menstrual blood flow - but before performing Ghusl, for Allah (Exalted be He) says:
...therefore keep away from women during menses and go not unto them till they are purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allâh has ordained for you (go in unto them in any manner as long as it is in their vagina).
Allah (Glorified be He) does not permit having conjugal intercourse with menstruating women until the menstrual blood ceases to flow and they purify themselves through Ghusl. Any husband who has sexual intercourse with his wife before she takes Ghusl, will be a sinner and must pay expiation. If the wife gets pregnant due to having intercourse with her while she is menstruating or after menstrual blood ceases to flow but before she takes Ghusl, her child must not be called illegitimate, but it is a legal child. (Part No. 5; Page No. 400) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
A person had sexual...
