Ibn Hazm al-Zahiri derived from the saying of Allah the Exalted: ((When they have purified themselves, then go to them in the manner Allah has commanded you)) that the first intercourse after purification is obligatory, based on the fact that the command in the verse is for obligation.
Machine translationRead the Arabic original
The questioner : In the interpretation of the verse: [Al-Baqarah 2:222], so he says this command is for obligation, and for the woman to.
The student : It became like this, my Shaykh, he argued:[Al-Ahzab 33:53].
Another questioner : He says: This is obligatory for the man to have intercourse with her, but she has no right except for this one time.
Another questioner : A strange opinion, indeed.
Another questioner : Because he is a Zahiri, of course.
Another questioner : After that, it is recommended.
Another questioner : Then he becomes having a choice, but here it is a right for her and obligatory for him, meaning he takes the apparent meaning of the verse.
The Shaykh : Of course, this is from his Zahiri stance, because he overlooked that a command after a prohibition indicates permissibility, like:[Al-Ma'idah 5:2] So hunting after exiting the state of ihram is not obligatory, but because hunting was forbidden during the state of ihram, this command came to lift that prohibition, not to establish a new ruling which is the obligation of hunting. So this is from that: when intercourse with a menstruating woman was forbidden, He said: [Al-Baqarah 2:222] So it is the lifting of that prohibition regarding having intercourse with her during her menstruation.
And when they have purified themselves, then come to them from where Allah has ordained for you
فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُThe student : It became like this, my Shaykh, he argued:
and when you have eaten, disperse
فَإِذَا طَعِمْتُمْ فَانْتَشِرُواAnother questioner : He says: This is obligatory for the man to have intercourse with her, but she has no right except for this one time.
Another questioner : A strange opinion, indeed.
Another questioner : Because he is a Zahiri, of course.
Another questioner : After that, it is recommended.
Another questioner : Then he becomes having a choice, but here it is a right for her and obligatory for him, meaning he takes the apparent meaning of the verse.
The Shaykh : Of course, this is from his Zahiri stance, because he overlooked that a command after a prohibition indicates permissibility, like:
But when you come out of ihram, then [you may] hunt.
وَإِذَا حَلَلْتُمْ فَاصْطَادُواAnd when they have purified themselves, then come to them from where Allah has ordained for you
فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.