#890: Ruling on the One who had Sexual Intercourse while His Wife is Menstruating
890. QUESTION:
“Assalamu alaykum ya shaykh. Secondly, if we hypothetically assume that although they never intended it, but were careless, what is the ruling. Jazakumullahu khayran”
ANSWER:
Wa alaykumu salām wa warahmatullāh wabarakātuh.
We will assume that this part of the question meant that they did it intentionally and proceed to answer in that accordance.
The majority of the Fuqahā have supported the position that there is no Kaffārah for such a sin except to repent to Allāh with all sincerity and regret.
This is the position held by the Hanafī, Mālikī and Shāfi’ī Schools without a doubt.
The official position in the Hanbalī School, and which is held to be the stronger position is that whosoever knowingly had intercourse with his wife while she is menstruating must give out a Dīnār or half of a Dīnār. And the proof for this is the Hadīth that was recorded by Imām Abū Dāwud As-Sijistānī and Ibn Mājah from Ibn ‘Abbās – radiyallāhu ‘anhuma – that the Rasūl -salallāhu Alayhi Wasallam said regarding the one that had intercourse with his wife while she was menstruating: “He should give a Dīnār or half a Dīnār in Sadaqah”
And this is the stronger position.
What then is the equivalent of the Dīnār in modern measure?
It is an equivalent of 4.25 grams of Gold in weight.
1 gram of gold as at today in Nigeria is about N17,192.77
4.25 grams will be equivalent N73,080.90
Let those who believe in Allāh and the Last Day fear Allāh and not approach their women while they are menstruating.
And Allāh knows best.
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