A man married a woman who had recently purified herself from menstruation, but it was then revealed that she had not purified herself. Is there anything upon him?
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The questioner : The 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. Then it became clear to him that she had not purified herself. Is there anything upon him?
The Shaykh : He owes nothing... but she does.
The questioner : She does.
The Shaykh : Of course. Because she needs to observe her own cycle. If her custom is seven days, for example, and the blood stopped on the fifth day and she said she had purified herself, that is not purification. She has to adhere to what?
The questioner : To her days.
The Shaykh : To her days, until this situation repeats with her and it becomes predominant in her opinion that her custom has changed. As for merely the blood stopping, 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, 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. Of course, this means 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 : In this situation, is there an expiation upon her? Is there anything?
The Shaykh : No. 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, in the sense that the alert husband knows what her custom is, and when he saw her praying, he should have noticed that, for example, a week had not passed. So why, when he saw her start praying, let alone if she had not told him "I have purified myself," let alone if she had teased him... why did he comply and respond to her? He is supposed to know that her custom is seven days and that the seven days had not passed... There are questions regarding the husband that he may also be held accountable, but in any case, this accountability does not reach the level of responsibility in the case where he knows she is menstruating and he has intercourse with her.
The questioner : Yes.
The Shaykh : ...an expiation is not there.
The Shaykh : He owes nothing... but she does.
The questioner : She does.
The Shaykh : Of course. Because she needs to observe her own cycle. If her custom is seven days, for example, and the blood stopped on the fifth day and she said she had purified herself, that is not purification. She has to adhere to what?
The questioner : To her days.
The Shaykh : To her days, until this situation repeats with her and it becomes predominant in her opinion that her custom has changed. As for merely the blood stopping, 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, 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. Of course, this means 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 : In this situation, is there an expiation upon her? Is there anything?
The Shaykh : No. 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, in the sense that the alert husband knows what her custom is, and when he saw her praying, he should have noticed that, for example, a week had not passed. So why, when he saw her start praying, let alone if she had not told him "I have purified myself," let alone if she had teased him... why did he comply and respond to her? He is supposed to know that her custom is seven days and that the seven days had not passed... There are questions regarding the husband that he may also be held accountable, but in any case, this accountability does not reach the level of responsibility in the case where he knows she is menstruating and he has intercourse with her.
The questioner : Yes.
The Shaykh : ...an expiation is not there.