Q&A (Fatwa)

#771: Can one Ghusl suffice as purification for Haydh and Janābah?

771 QUESTION

“Asalam alaykum waramotullah

Question

If a woman have sexual intercourse with a man after the flow of blood from her monthly menstruation without first performing the ghusl haydah.

What will she do… I mean which of the bath will she performed… Haydah or Janabah?

Jazakallahu Khayran”

ANSWER:

Wa Alaykum Salām Warahmatullāh Wabarakātuh.

Alhamdulillāh.

The majority position favoured by the Ulamā is that it is permissible for a woman to make one bath and intend by it purification from her just concluded menstrual flow and her state of Janābah. This is the position advanced by Ibn Qudāmah Al-Maqdisī in Al-Mughnī where he said:

“If two things come together that require Ghusl such as menstruation and Janābah, or the two circumcised parts have met, and there is ejaculation, and he intends purification from both with one bath, this suffices for both. This is the position of the majority of the People of Ilm. Of them are ‘Atā, Abū Az-Zinād, Rabī’ah, Mālik, Ash-Shāfi’ī, Is’hāq, and the People of the Rational School.”

Instead, the Ulamā in majority held that even if she did not make an intention to purify herself from both by this Ghusl, it suffices for her.

Ad-Dardīr Al-Mālikī mentioned in Ash-Shar’hu Al-Kabīr:

“If a woman that is Junub (in state of Janābah) and Hā’id (just through with menstruation), or Nufasā (just free from Post Natal bleeding) and Junub, or she intends purification from only one of them forgetfully, or intentionally did not intend the other, both purification is attained.”

Imām An-Nawawī mentioned in the Majmū’:

“And if upon a woman are both the bath of Janābah and Hayd, and she intends only one of both, her Ghusl is sound for both without argument (in our School).”

But Ibn Qudāmah Al-Maqdisī mentioned in Al-Mughnī the weak position advanced by Imām An-Nakha’ī and Al-Hasan Al-Basrī that she must observe two Ghusl. And there is no doubt that this is a very weak position because sexual intercourse without ejaculation is a cause for Ghusl. Likewise, ejaculation without sexual intercourse is a cause for Ghusl. This both are established by way of textual evidence and an agreement of the Ummah. Thus, sexual Intercourse plus ejaculation implies two different requirements for Ghusl. But it has not been mentioned that the Rasūl -salallāhu alayhi wasallam – made two Ghusl from intercourse plus ejaculation with his wives. This is clear. This was mentioned by Ibn Qudāmah Al-Maqdisī in Al-Mughnī and is very logical.

And Imām Ibn ‘AbdilBarr Al-Mālikī – rahimahullāh – considered this a matter of Consensus in At-Tamhīd when he said:

“And they agreed that whosoever observes Ghusl with the intention of purification from Janābah and for Jumu’ah altogether at the time of setting forth (for Jumu’ah), that this suffices for him…”

Though there are differences on these matters, these differences are few and little, we ask Allāh for Tawfīq, and Allāh knows best.

Bārakallāhu Fīkum
Jazākumullāhu Khayran.

1st Sha’bān, 1440AH.

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