A man had intercourse with his wife during the day in Ramadan while she was menstruating and preparing for the ritual bath
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Fatwa number ( 19355 )
Q: There is a woman whose husband had intercourse with her during the day in Ramadan while she was menstruating and preparing for the ritual bath on that day . Is it obligatory for both the man and the woman to pay the expiation? I ask for clarification of all the expiations.
A: Intercourse with a menstruating woman during menstruation is forbidden by the consensus of the Muslims. Whoever has intercourse with his wife during menstruation intentionally, knowing of the menstruation and the prohibition, has committed a forbidden act and committed a major sin. It is obligatory for him to make sincere repentance from it, and to give charity of a dinar or half a dinar as expiation for his intercourse during menstruation. Explicit evidence from the Book and the Sunnah has come regarding the prohibition of this and the severity of the warning against it. The prohibition becomes more severe and the sin more grave if he has intercourse with his wife during the day in Ramadan while he is in the state of fasting, whether he had intercourse with her during menstruation or during purity; because he violated the sanctity of Ramadan, broke his fast without an excuse, and committed what Allah and His Messenger (peace and blessings be upon him) forbade. Accordingly, if a man has intercourse with his wife while she is menstruating during the day in Ramadan, it is obligatory for the husband to make up the day on which he had intercourse, in addition to the expiation for intercourse during the day in Ramadan, which is freeing a believing slave. If he cannot do so, he must fast two consecutive months. If he cannot do that, it is obligatory for him to feed sixty poor people. He must also seek forgiveness from Allah and repent to Him, and give charity of a dinar or half a dinar as expiation for his intercourse during menstruation; as narrated by Ahmad and the compilers of the Sunan with a good chain
from Ibn Abbas (may Allah be pleased with them both),Bulugh al-Maram 146 so whichever of the two he gives is sufficient for him, and the amount of the dinar is approximately four-sevenths of the Saudi riyal. As for the woman who had intercourse, if she saw the cessation of blood indicating purity during the act of intercourse, then the expiation for intercourse during the day in Ramadan is also obligatory for her, just as it is for the man, whether she performed the ritual bath from the menstruation or not, provided she was compliant with her husband, aware of the prohibition, and mindful of her fast; because it is obligatory for her to abstain as soon as the menstruation ceases, even if she has not performed the ritual bath, just as one in a state of major ritual impurity must, due to the sanctity of Ramadan, which is the correct opinion of the majority of scholars. However, if the intercourse occurred during menstruation and she is not certain of purity, then the expiation for intercourse during menstruation is obligatory for her if she was compliant with her husband, aware of the prohibition, and mindful of her menstruation. As for the expiation for intercourse during the day in Ramadan, it is not obligatory for her; because during menstruation she is not addressed by the rulings of fasting. However, she is sinful for enabling her husband to have intercourse with her during menstruation. She must make sincere repentance from this bad deed, and she must make up the days she did not fast during her menstruation after her purity. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: There is a woman whose husband had intercourse with her during the day in Ramadan while she was menstruating and preparing for the ritual bath on that day . Is it obligatory for both the man and the woman to pay the expiation? I ask for clarification of all the expiations.
A: Intercourse with a menstruating woman during menstruation is forbidden by the consensus of the Muslims. Whoever has intercourse with his wife during menstruation intentionally, knowing of the menstruation and the prohibition, has committed a forbidden act and committed a major sin. It is obligatory for him to make sincere repentance from it, and to give charity of a dinar or half a dinar as expiation for his intercourse during menstruation. Explicit evidence from the Book and the Sunnah has come regarding the prohibition of this and the severity of the warning against it. The prohibition becomes more severe and the sin more grave if he has intercourse with his wife during the day in Ramadan while he is in the state of fasting, whether he had intercourse with her during menstruation or during purity; because he violated the sanctity of Ramadan, broke his fast without an excuse, and committed what Allah and His Messenger (peace and blessings be upon him) forbade. Accordingly, if a man has intercourse with his wife while she is menstruating during the day in Ramadan, it is obligatory for the husband to make up the day on which he had intercourse, in addition to the expiation for intercourse during the day in Ramadan, which is freeing a believing slave. If he cannot do so, he must fast two consecutive months. If he cannot do that, it is obligatory for him to feed sixty poor people. He must also seek forgiveness from Allah and repent to Him, and give charity of a dinar or half a dinar as expiation for his intercourse during menstruation; as narrated by Ahmad and the compilers of the Sunan with a good chain
from Ibn Abbas (may Allah be pleased with them both),
Allah's Messenger (Peace be upon him) said regarding a husband who has sexual intercourse with his wife during her menstruation period, "He must pay a Dinar or half a Dinar in way of charity.”
أن النبي صلى الله عليه وسلم قال فيمن يأتي امرأته وهي حائض: يتصدق بدينار أو نصف دينار
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.