The Contract with a Menstruating Woman
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Fatwa No. ( 4646 )
Q: A marriage contract was concluded with a virgin girl, and she was menstruating at the time the marriage contract was performed. She had never been married before, and the mu'adhdhin (marriage officiant) was not aware of this. Does this invalidate the contract and require it to be redone? Is menstruation a barrier for virgins who have never been married, or is it merely disliked? Please note that the husband does not consummate the marriage with the wife at the time of the contract in our community; rather, he waits to fulfill the wedding conditions, as is our custom. These specific wedding conditions are difficult, and the husband cannot complete them except after a long period of time. Please issue a ruling, may Allah reward you with good and preserve you.
A: If a man contracts a marriage with a woman who is menstruating, her menstruation has no effect on the validity of the contract, whether she is a virgin or a previously married woman. In fact, the contract is valid, and it is permissible for her to be brought to him while she is menstruating, but it is not permissible for him to
have sexual intercourse with her until her menstrual blood stops and she performs the full ritual bath. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A marriage contract was concluded with a virgin girl, and she was menstruating at the time the marriage contract was performed. She had never been married before, and the mu'adhdhin (marriage officiant) was not aware of this. Does this invalidate the contract and require it to be redone? Is menstruation a barrier for virgins who have never been married, or is it merely disliked? Please note that the husband does not consummate the marriage with the wife at the time of the contract in our community; rather, he waits to fulfill the wedding conditions, as is our custom. These specific wedding conditions are difficult, and the husband cannot complete them except after a long period of time. Please issue a ruling, may Allah reward you with good and preserve you.
A: If a man contracts a marriage with a woman who is menstruating, her menstruation has no effect on the validity of the contract, whether she is a virgin or a previously married woman. In fact, the contract is valid, and it is permissible for her to be brought to him while she is menstruating, but it is not permissible for him to
have sexual intercourse with her until her menstrual blood stops and she performs the full ritual bath. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.