I am a girl who contracted marriage some time ago to a young man, and it happened that on that day I was menstruating, but I did not consent to the consummation until after I asked the muqaddim about the permissibility of consummation in these circumstances or not.
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The questioner : I am a girl who contracted marriage some time ago to a young man, and it happened that on that day I was menstruating, but I did not consent to the consummation until after I asked the muqaddim about the permissibility of consummation in these circumstances or not? He answered the muqaddim that it is permissible, but I was not convinced by this consummation. I ask you, O honorable Shaykh, to inform us whether this consummation is valid or not? And whether it is obligatory for me to repeat it in the case of its invalidity? May Allah reward you.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
We say in answer to this question that the marriage contract with a woman while she is menstruating is a permissible and valid contract, and there is no harm in it. This is because the original ruling for contracts is permissibility and validity, except for what evidence has established as forbidden and defective. No evidence has been established regarding the prohibition of marriage during menstruation. If that is the case, then the aforementioned contract is valid and there is no harm in it. Here, it is necessary to know the difference between the marriage contract and divorce. Divorce is not permissible during menstruation; rather, it is forbidden. The Messenger of Allah (peace and blessings be upon him) was displeased when it was reported to him that Abdullah ibn Umar ibn al-Khattab (may Allah be pleased with them both) divorced his wife while she was menstruating. This is due to the saying of Allah (Mighty and Majestic): [At-Talaq 65:1] Therefore, it is not permissible for a man to divorce his wife while she is menstruating, nor to divorce her in a period of purity in which he had intercourse with her, unless it becomes clear that she is pregnant. If it becomes clear that she is pregnant, then he may divorce her whenever he wishes, and the divorce takes effect.
It is strange that it has become widespread among the common people that the divorce of a pregnant woman does not take effect. This is not correct. The divorce of a pregnant woman is effective, and it is the broadest of divorces. For this reason, it is permissible for a person to divorce a pregnant woman, even if he has recently had intercourse with her. This is unlike the non-pregnant woman; if he has intercourse with her, he must wait until she menstruates and then becomes pure, or until it becomes clear that she is pregnant. Allah (Mighty and Majestic) said in Surat al-Talaq:[At-Talaq 65:4] This is clear evidence that the divorce of a pregnant woman is effective. In some wordings of the hadith of Ibn Umar: Jami` at-Tirmidhi 1176Sahih (Darussalam)
If it is established that the marriage contract with a woman while she is menstruating is a permissible and valid contract, then I see that he should not enter upon her until she becomes pure. This is because if he enters upon her before she becomes pure, it is feared that he will fall into what is forbidden, which is intercourse with a menstruating woman, because he may not be able to control himself, especially if he is young. So let him wait until she becomes pure and then enter upon his wife, and she will be in a state in which he is able to enjoy her in the private parts. Yes.
The questioner : Also, the listener asks and says, O honorable Shaykh.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
We say in answer to this question that the marriage contract with a woman while she is menstruating is a permissible and valid contract, and there is no harm in it. This is because the original ruling for contracts is permissibility and validity, except for what evidence has established as forbidden and defective. No evidence has been established regarding the prohibition of marriage during menstruation. If that is the case, then the aforementioned contract is valid and there is no harm in it. Here, it is necessary to know the difference between the marriage contract and divorce. Divorce is not permissible during menstruation; rather, it is forbidden. The Messenger of Allah (peace and blessings be upon him) was displeased when it was reported to him that Abdullah ibn Umar ibn al-Khattab (may Allah be pleased with them both) divorced his wife while she was menstruating
And the Prophet (peace and blessings be upon him) ordered that he should take her back, and leave her until she becomes pure, then she menstruates, then she becomes pure, then if he wishes he keeps her, and if he wishes he divorces her.
وأمر النبي صلى الله عليه وسلم أن يُراجعها، وأن يدعها حتى تطهر، ثم تحيض، ثم تطهر، ثم إن شاء أمسك بعد وإن شاء طلّقO Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself
يا أيها النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ وَاتَّقُوا اللَّهَ رَبَّكُمْ لا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُIt is strange that it has become widespread among the common people that the divorce of a pregnant woman does not take effect. This is not correct. The divorce of a pregnant woman is effective, and it is the broadest of divorces. For this reason, it is permissible for a person to divorce a pregnant woman, even if he has recently had intercourse with her. This is unlike the non-pregnant woman; if he has intercourse with her, he must wait until she menstruates and then becomes pure, or until it becomes clear that she is pregnant. Allah (Mighty and Majestic) said in Surat al-Talaq:
And for those who are pregnant, their term is until they give birth
وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّTell him to take her back, then let him divorce her while she is pure or pregnant.
مره فليراجعها، ثم ليطلقها طاهراً أو حاملاًIf it is established that the marriage contract with a woman while she is menstruating is a permissible and valid contract, then I see that he should not enter upon her until she becomes pure. This is because if he enters upon her before she becomes pure, it is feared that he will fall into what is forbidden, which is intercourse with a menstruating woman, because he may not be able to control himself, especially if he is young. So let him wait until she becomes pure and then enter upon his wife, and she will be in a state in which he is able to enjoy her in the private parts. Yes.
The questioner : Also, the listener asks and says, O honorable Shaykh.