The Meaning of the Exception for One Afflicted with Lust Regarding Intercourse with a Menstruating Woman
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Question:
What is the meaning of the statement by some scholars that it is forbidden to have intercourse with her, meaning the menstruating woman, in the case of a wife, except for one who is afflicted with lust, as stated in the marginal notes of al-Rawd al-Murta' (The Blooming Garden)?
Answer:
Yes, it exists. The one who is afflicted with shabq, which is an illness, an illness of desire, who cannot refrain from intercourse at all, meaning it is a dire necessity. If he did not have intercourse with his wife, he would fear that his testicles would rupture, meaning his testicles. If he did not have intercourse, he would fear the rupture of his testicles. This is an illness, may Allah protect us from it, that befalls a person. This is a dire necessity in the case of the husband, because if he refrained from intercourse, he would be at fault. This falls under the category of dire necessity. And Allah, Exalted and Majestic is He, says:[Al-An'am 6:119] Yes.
What is the meaning of the statement by some scholars that it is forbidden to have intercourse with her, meaning the menstruating woman, in the case of a wife, except for one who is afflicted with lust, as stated in the marginal notes of al-Rawd al-Murta' (The Blooming Garden)?
Answer:
Yes, it exists. The one who is afflicted with shabq, which is an illness, an illness of desire, who cannot refrain from intercourse at all, meaning it is a dire necessity. If he did not have intercourse with his wife, he would fear that his testicles would rupture, meaning his testicles. If he did not have intercourse, he would fear the rupture of his testicles. This is an illness, may Allah protect us from it, that befalls a person. This is a dire necessity in the case of the husband, because if he refrained from intercourse, he would be at fault. This falls under the category of dire necessity. And Allah, Exalted and Majestic is He, says:
excepting that to which you are compelled
إِلَّا مَا اضْطُرِرْتُمْ إِلَيْهِ
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/18 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:10:50)
The Arabic text is a machine transcription of the audio recording.
