Sex with My Wife During Her Menses; Any Expiation?

03 September, 2020
Q Respected scholars, as-salamu `alaykum. I traveled to my home country and returned after two years. When I arrived home my wife was having her menstrual period but I could not control myself and had intercourse with her. Is it a sin and do I have to make any expiation? Jazakum Allahu Khayran.

Answer

Wa`alaykum as-salamu wa rahmatullahi wa barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

Islam doesn’t allow sex with one’s wife during menses for significant considerations. Thus, you need to repent sincerely and ask for Allah’s forgiveness, and it is also recommended that you pay the worth of a dinar or half a dinar of gold as expiation. A dinar is equal to 4.25 grams.


In his response to your question, Dr. Hatemal-Haj, associate professor of Fiqh at Shari`ah Academy of America and Islamic University of Minnesota, states:

Sex during Menses

During her menses you may have all forms of sex with your wife except intercourse, for Almighty Allah says:

{They ask you concerning women’s courses. Say: it is harm: So keep away from women in their courses, and do not approach them until they are clean. But when they have purified themselves, you may approach them in any manner, time, or place ordained for you by Allah. For, Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean.} (Al-Baqarah 2:222)

The Prophet Muhammad (peace and blessings be upon him) explained what is meant by ‘keeping away from women’, by saying, “Do everything except for intercourse.” (Muslim)

This is allowed because both the woman and the man still need to be emotionally nurtured during those days.

Islam provides the path of moderation regarding this issue, by protecting the well-being of both parties. Intercourse at this time would be unhealthy. At the same time, Islam recognized their need of the husband and wife to continue their affectionate relationship. It also emphasizes that the woman is not spiritually unclean.

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Having intercourse with a menstruating woman is an enormity. However, if you do this, you must repent, and the doors of repentance are always open. The need to expiate is a controversial matter, but I believe it is mandatory to give the value of a dinar or half a dinar of gold in charity. The Prophet Muhammad (PBUH) said concerning one who had intercourse with his wife when she was menstruating: “Let him give a dinar or half a dinar in charity.” (Abu Dawud)

Allah Almighty knows best.