SEXUAL RELATIONS DURING MENSTRUATION (HAYD) AND POSTNATAL BLEEDING (NIFAS)

 *SEXUAL RELATIONS DURING MENSTRUATION (HAYD) AND POSTNATAL BLEEDING (NIFAS)*

Having sex during menstruation is absolutely and emphatically unlawful (haram) as established by the explicit text of the Qur’an and numerous Prophetic hadiths. There is complete scholarly consensus (ijma‘) within the Muslim Umma on this. Allah Most High says:

“They ask you concerning menstruation. Say: “It is an impurity. So keep away from women during menstruation; and do notapproach them until they are cleansed. But when they are cleansed, then approach them from where Allah has commanded you. Surely Allah loves those who are most repenting, and loves those who keep themselves pure.” (Qur’an 2:222)

“Among the Jews, when a woman menstruated, they did not eat with her, nor did they live with menstruating women in their

houses. So the Companions of the Messenger of Allah §& asked the Messenger of Allah # [regarding this practice], so Allah Most High revealed: “They ask you concerning menstruation. Say: “It is an impurity. So keep away from women during menstruation” till the end of the verse. Thus, the Messenger of Allah # said, “Do everything except for sex.” (Sahih Muslkm 302)

Sayyiduna Aba Hurayra & relates from the Messenger of Allah & that he said:

“The one who has sex with a menstruating woman, or with woman in her anus, or who goes to a fortune-teller, has disbelieved in that which was revealed to Muhammad 3%.” (Sunan al-Tirmidhi 135)

The “kufr’ mentioned in this hadith is to indicate the severity (taghlz) of these actions, in that sex during menstruation, anal sex and accepting as true what a fortune-teller says are acts that are close to disbelief. Others hold that if these acts are carried out whilst considering them to be lawful (istihlalan), one would leave the fold of Islam without doubt. (See: Tuhfat al-Ahwadhi bi Sharh Jami al-Tirmidhi 1:440)

Imam Nawawi states, “Having actual sex with one’s spouse [during menstruation] is unlawful by the consensus of the Muslims due to the explicit texts of the Qur’4n and Sunna. Our scholars state that a Muslim who considers having actual vaginal sex with a menstruating woman as lawful has become a disbeliever (kajir) and an apostate (murtad). Someone who indulges in this without considering it to be lawful, and does it forgetfully (nisyaén), or without knowing that the woman was menstruating, or is ignorant of its prohibition, or was compelled, then no sin was committed and he is not required to expiate for it. However, if he has sex with her deliberately, knowing that she is menstruating, knowing of its prohibition and with a free choice, then he has certainly committed a major sin (kabira). Imam Shafi‘l (may Allah have mercy on him) has stressed that it is a major sin, and sincere repentance is necessary.” (Al-Minhaj Sharh Sahih Muslim P: 366)

Sex during menstruation is also harmful from a medical point of view. Research has discovered that menstrual flow contains certain toxic substances that can be detrimental if they enter into the male body or are prevented a clear passage of flow from the female body. This can occur when having sex while the woman is menstruating. Hence, sex during menstruation has resulted in an increase in both men and women being inflicted with various types of painful and often fatal blood-borne diseases. (African Journal of Reproductive Health Vol. 8,No. 2,Aug. 2004 pp. 55-58)

As such, the spouses must completely avoid sex during the period of menstruation. If they ever engage in it, they must sincerely repent and ask Allah Most High for forgiveness. They should also give something in charity as a form of expiation.

Sayyiduna ‘Abdullah ibn Abbas & relates from the Messenger of Allah §% regarding a man who has sex with his wife while she is menstruating that:

“He should give a half dinar in charity.” (Sunan al-Tirmidhi 136) The majority of the classical scholars, including Imam Abia Hanifa, Imam Malik and Imam Shafi (may Allah have mercy on them all), consider giving something in charity to be optional, and not a requirement for the acceptance of one’s repentance (tawba). As such, seeking forgiveness from Allah Most High is sufficient. However, Imam Ahmad ibn Hanbal (may Allah have mercy on him) and some others hold that giving something in charity is necessary along with sincere repentance. (See: AL-Minhaj Sharh Sahih Muslim P: 366-367)