Had sex with wife who did not bathe after menses

5-9-2004 | IslamWeb

Question:

I would like to know the Fatwa about one issue. I am a married person with one son. Recently I had sex with my wife as soon as her menses were over, but she did not bath. Is this Haram per Islam? I did that knowing she was clean, but does my wife have to bath before we have sex? What is the ruling in the light of Qur'an and Hadith?

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Answer:

Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.Having sex before taking the ritual bath after ending the monthly period is not permitted. Allah Says (interpretation of meaning): {They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have purified (from menses and have taken a bath). …}[2: 222]. Whoever makes sex before taking the ritual bath should repent towards Allah and should not commit it again. According to the majority of Muslim scholars he is not obliged to pay any expiation but he should ask forgiveness for that mistake. Ibn Abbas (Radiya Allahu Anhu) is of the opinion that he should give half a Dinar as expiation ( ). It is reported by Abu Dawood from the Prophet (Sallallahu Alaihi wa Sallam) that he said: "Whoever makes sex with his wife during her menses should pay half a Dinar" . Al-Hanabila relied on this narration and imposed Kaffarah on those who make sex before ending the menstruation period.However, a Muslim should not have sex with his wife unless the menses stop completely and she takes the ritual bath.Allah knows best.