#889: What should be done by the One who had Sexual Intercourse with his wife thinking She had become Pure?
889. QUESTION:
“Assalamu alaykum ya shaykh. If a man has an affair with his wife while she thought she was already pure only to find otherwise, what should they do. Jazakumullahu khayran”
QUESTION:
Wa alaykumu salām wa warahmatullāh wabarakātuh.
The Ulamā are at a consensus that it is not permissble for a man to have Intercourse with his wife while she is menstruating. And this is something that is known in Islām by necessity.
However if the intercourse happens when both of them think she was pure or the menstrual flow came upon them during the intercourse, the Fuqahā are agreed that there is no blame upon them. The evidence for this is the Hadīth of Thawbān in which the Rasūl -salallāhu Alayhi Wasallam said:
وضع عن أمتي الخطأ والنسيان وما استكرهوا عليه
“Mistakes, forgetfulness and what they were compulsed to do have been absolved off my Ummah”
This was recorded by Imām Abū Al-Qāsim Sulayman At-Tabarānī in Al-Kabīr and was regarded Sahīh by Shaykh Muhammad Nāsiruddīn Al-Albānī rahimahullāh. Though it is Obligatory upon them both to be conscious of the timing of the flow and be very careful regarding it as it is a Command from Allāh.
However if she knew it was there and she allowed him come upon her, then she has committed a sin and must repent to Allāh.
And Allāh knows best.
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