A man married a woman who had recently purified herself from menstruation, then it became clear that she had not purified herself; is there anything upon him?

The questioner : A man, meaning his wife told him that she had purified herself from menstruation, and she was on the fifth day, so he had intercourse with her, and then it became clear to him that she had not actually purified herself; is there anything upon him?

The Shaykh : There is nothing upon him for what he did! But there is something upon her.

The questioner : There is something upon her.

The Shaykh : Of course; because she needs to observe her own cycle. So if her custom is seven days, for example, and the blood stopped on the fifth day, she says: I have purified myself. This is not purification, because she has to adhere to what?

The questioner : To her days.

The Shaykh : To her days, until the matter repeats with her and it becomes probable in her mind that her custom has changed.

The questioner : ... .

The Shaykh : Ah, but merely the fact that the blood stopped from her, especially in most cases, meaning when the blood has actually stopped, and that means she has started a new custom that is less than the previous custom; so it is supposed that she sees purification after... It is not reasonable to see purification as long as the following month returned to seven days, so it means that she was hasty, whether in prayer or in allowing her husband to enjoy her; so the error is from her, not from him.

The questioner : Is there an expiation upon her in this case? Is there anything?

The Shaykh : No, the expiation is for when one does it intentionally. However, I am correcting myself now by saying that the husband may be held accountable like her; from the aspect that I think the alert husband knows what her custom is, and that when he saw her praying, he was supposed to notice that a week, for example, had not passed; so why, when he saw her start praying, especially if she did not tell him: I have purified myself, especially if she teased him, "Are you still... in menstruation? No, I have purified myself, okay?" She needs these stages and degrees; so why did he yield and respond to her? And he was supposed to know her custom is seven days, and that the seven days had not passed... Questions arise regarding the husband; that he may be, also, held accountable, but in any case, the accountability does not reach the level of responsibility in the case where he knows she is menstruating and that he is having intercourse with her.

The questioner : Yes.

The Shaykh : So here there is an expiation, but not there.