Guidelines To Intimacy In Islam Episode 12

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Guidelines To Intimacy In Islam

Episode 12

SEXUAL RELATIONS DURING MENSTRUATION AND POSTNATAL BLEEDING (NIFAAS)

Haraam- A verse and a Hadith

1. Having sex during menstruation is absolutely and emphatically Haraam as established by explicit verses of the Qur'an and numerous Ahaadith. There is complete scholarly consensus (ijma') within the Muslim Umma on this. Allaah Ta’aala instructs us in Surah Baqarah:

'They ask you concerning menstruation. Say: "It is an impurity. So keep away from women during menstruation; and do not approach them until they are cleansed. But when they are cleansed, then approach them from where Allaah Ta’aala has commanded you. Surely Allaah Ta’aala loves those who are most repenting, and loves those who keep themselves pure." (Qur'an 2:222)

Sayyiduna Anas narrates the history behind the revelation of this verse. He says:

 

"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 Sahaba asked Rasulullah Sallallahu Alaihi Wasallam[Regarding this practice], so Allaah Ta’aala revealed this verse.

Rasulullaah صلى الله عليه وسلم then said, 

"Do everything except for sex." (Sahih Muslim 302)

In this verse, Allaah has described Haydh (menstruation) as ‘adhaa’, a harmful thing both for the wife and for the husband.

2. Sayyiduna Abu Hurayra relates from Rasulullaah صلى الله عليه وسلم that he said:

"The one who has intercourse with a menstruating woman, or with a woman in her anus, or who goes to a fortune-teller, has disbelieved (kufr) in that which was revealed to Muhammad صلى الله عليه وسلم) "Sunan al-Tirmidhi 135)

The "kufr'' mentioned in this Hadith is to indicate the severity of these actions, in that intercourse during menstruation, anal sex and accepting as true what a fortune-teller says are acts that are close to disbelief.

*Masaa'il*

1. If, however one beliefs that to do what has been made mention of in this Hadith to be Halaal whilst knowing it is Haraam,then such a person has left the fold of Islam. (See: Tuhfat al-Ahwadhi bi Sharh Jami al-Tirmidhi 1:440)

Imam Nawawi عليه تعاىل هللا رحمة states, "Having actual intercoursewith one's spouse [during menstruation] is Haraam by the consensus of the Muslims due to the explicit texts of the Qur'an and Sunnah.

 

2. Someone who indulges in this forgetfully, or without knowing that the woman was menstruating, or is ignorant of its prohibition, or was compelled, then no sin was committed. 

3. If he has intercourse with her deliberately, knowing that she is menstruating, knowing of its prohibition, but does not believe it is Halaal, then he has certainly committed a major sin. Imam Shafi' عليه تعاىل هللا رحمة has stressed that it is a major sin, and sincere repentance is necessary." (Al-Minhaj Sharh Sahih Muslim P: 366)