What is the validity of a marriage contract when the woman is still menstruating?
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Question:
In his third question, he asks: Is the marriage contract valid if the woman is in her monthly period? And what is the ruling on that marriage if it is completed?
Answer:
There is nothing wrong with the marriage contract, even if the woman is in her menstrual period, and the contract is valid. However, it is not permissible for her husband to have sexual intercourse with her in the private parts until she becomes pure and performs the full ritual bath from the menstruation. This is based on the saying of Allah the Exalted:[Al-Baqarah 2:222] What is forbidden is sexual intercourse in the private parts. As for the marriage contract, the act of intimacy, and sleeping with her in the same bed, all of this is permissible. Yes.
In his third question, he asks: Is the marriage contract valid if the woman is in her monthly period? And what is the ruling on that marriage if it is completed?
Answer:
There is nothing wrong with the marriage contract, even if the woman is in her menstrual period, and the contract is valid. However, it is not permissible for her husband to have sexual intercourse with her in the private parts until she becomes pure and performs the full ritual bath from the menstruation. This is based on the saying of Allah the Exalted:
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.
فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ
Source
قناة «العلامة الدكتور صالح الفوزان»، 5499- ما صحة عقد الزواج والمرأة ما تزال في حيضها ؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.