Is it permissible for a man to have intercourse with his wife who has become pure from her menstruation before she has performed the ritual bath?
Machine translationRead the Arabic original
The questioner : Our Shaykh, it is the same issue. A question arose a while ago with some young men during a discussion: [Al-Baqarah 2:222] If a man were to have intercourse with his wife after she has become pure but before she has performed the ritual purification.
The Shaykh : We used to think it was permissible, but then it became clear to us that the ritual bath is necessary.
The questioner : It is obligatory, meaning he would commit a sin.
The Shaykh: Yes.
The questioner : Very well, our Shaykh, what is the evidence then?
The Shaykh : It is the same verse.
The questioner : The verse here is:.
The Shaykh : "When they have purified themselves" means an action performed by them, not what is obligatory upon them.
The student : You mean they have not purified themselves.
The questioner : I understood, our Shaykh, but there is no command linking intercourse with this purification. The prohibition was only against approaching them before they become pure, and that has already happened.
The Shaykh : No, there is no leniency in this. You have a condition:.
The questioner : Meaning after intercourse.
The Shaykh : A condition and its answer.
The questioner : Yes.
The Shaykh: Is it clear?
The questioner : Yes, it is clear. May Allah reward you with good.
The Shaykh : Meaning there is no condition here; there is no necessity for there to be a command.
The questioner : But of course, this is another issue, completely different, regarding the expiation that is not entailed by...
The Shaykh: Yes.
The questioner : May Allah reward you with good.
Another questioner : My master, you are saying this purification is by wudu' (ablution).
The Shaykh : No, I was saying more than that. I used to categorize the issue into three levels. The lowest level is that she sees the end of her menstruation and has not performed the ritual bath or wudu'; it is permissible for him to have intercourse with her. Above that is that she performs wudu'. Above that is that she performs the ritual bath. But later, I found the words of Ibn 'Abd al-Barr in his book *al-Tamhid*, a very great book, where he elaborated on this issue and drew attention to this verb. Do you see? meaning: "approach them with an action from them," and that does not happen except by performing the ritual bath. As for if they have not purified themselves, do not approach them. "Except when they have become pure"—"become pure" means the blood of menstruation has stopped. But "purified themselves" means they have performed the ritual bath. This is what we see now, and Allah knows best.
The questioner : May Allah reward you with good, our professor.
The Shaykh : And to you.
The questioner :[Al-Baqarah 2:222] .
The Shaykh : .
The questioner : The verse...
The Shaykh : The verse combines both matters.
And when they have purified themselves, then come to them from where Allah has ordained for you
فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُThe Shaykh : We used to think it was permissible, but then it became clear to us that the ritual bath is necessary.
The questioner : It is obligatory, meaning he would commit a sin.
The Shaykh: Yes.
The questioner : Very well, our Shaykh, what is the evidence then?
The Shaykh : It is the same verse.
The questioner : The verse here is:
Then when they have purified themselves
فَإِذَا تَطَهَّرْنَThe Shaykh : "When they have purified themselves" means an action performed by them, not what is obligatory upon them.
The student : You mean they have not purified themselves.
The questioner : I understood, our Shaykh, but there is no command linking intercourse with this purification. The prohibition was only against approaching them before they become pure, and that has already happened.
The Shaykh : No, there is no leniency in this. You have a condition:
Then when they have purified themselves
فَإِذَا تَطَهَّرْنَThe questioner : Meaning after intercourse.
The Shaykh : A condition and its answer.
The questioner : Yes.
The Shaykh: Is it clear?
The questioner : Yes, it is clear. May Allah reward you with good.
The Shaykh : Meaning there is no condition here; there is no necessity for there to be a command.
The questioner : But of course, this is another issue, completely different, regarding the expiation that is not entailed by...
The Shaykh: Yes.
The questioner : May Allah reward you with good.
Another questioner : My master, you are saying this purification is by wudu' (ablution).
The Shaykh : No, I was saying more than that. I used to categorize the issue into three levels. The lowest level is that she sees the end of her menstruation and has not performed the ritual bath or wudu'; it is permissible for him to have intercourse with her. Above that is that she performs wudu'. Above that is that she performs the ritual bath. But later, I found the words of Ibn 'Abd al-Barr in his book *al-Tamhid*, a very great book, where he elaborated on this issue and drew attention to this verb. Do you see?
Then when they have purified themselves
فَإِذَا تَطَهَّرْنَApproach them
فَأْتُوهُنَّThe questioner : May Allah reward you with good, our professor.
The Shaykh : And to you.
The questioner :
And do not approach them until they are pure. And when they have purified themselves
وَلَا تَقْرَبُوهُنَّ حَتَّى يَطْهُرْنَ فَإِذَا تَطَهَّرْنَThe Shaykh :
Then when they have purified themselves
فَإِذَا تَطَهَّرْنَThe questioner : The verse...
The Shaykh : The verse combines both matters.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.