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Tuesday, December 17, 2013

Fathwa, - Periods and sexual intercourse








Question:
I know that intercourse during period (menstruation) is not permitted. Could you please describe if it's committed what are the rulings of Shariah.
Answer:
Walaikum assalam wa rahmatullah,
Imam Nawawi stated that,
�The Muslims have complete scholarly consensus (ijma`) that it is unlawful to have intercourse during menstruation, because of the Qur�anic verse [� They question you concerning menstruation. Say: It is harmful, so let women alone at such times and go not in unto them till they are cleansed.� (Qur�an, 2.222)] and the Prophetic hadiths.� [al-Majmu`]
The hadiths about this include what Anas (Allah be pleased with him) related from the Messenger of Allah (Allah bless him and give him peace) that he said, �Do anything, except intercourse.� [Muslim]
And A�isha (Allah be pleased with her) said, �The Messenger of Allah (Allah bless him and give him peace) used to order me to wear anizar[f: covering between navel and knee], and would approach me while I was menstruating.� [Bukhari and Muslim]
Ibn Abbas said that a man who has intercourse with his wife when she is menstruating should give a little in charity.
This is why the fuqaha have explained that:
1. It is permitted for both the husband and wife to derive sexual pleasure from each other during menstruation.
2. Intercourse is impermissible.
3. Direct contact between the woman�s navel and knees is impermissible.
4. Indirect contact, such as stimulation through a barrier (such as clothing) is permissible.
5. Direct contact above the navel and below the knees is permissible.
6. It is permitted for the wife to masturbate the husband, as well.
It is stated in theFatawa al-Hindiyya:
�It is permitted to kiss one�s menstruating wife, to sleep with her, and to enjoy her entire body, except for that which is between navel and knee according to Abu Hanifa and Abu Yusuf, as mentioned inal-Siraj al-Wahhaj.� [al-Fatawa al-Hindiyya, 1.39, Bulaq ed.]
Imam Tumurtashi said in hisTanwir al-Absar,
�And [menstruation makes it impermissible to] approach that which is under the lower garment.�
Imam Haskafi explain this in his commentary,Durr al-Mukhtar,
�That is, between navel and knee, even without desire. Everything else is permitted.�
Imam Ibn Abidin said in his supercommentary,Radd al-Muhtar(�Hashiyat Ibn Abidin�),
�Therefore, it is permitted to enjoy the navel and everything above it, and the knees and everything under it, even without a barrier. It is also permitted to enjoy that which is between the navel and knees with a barrier [f: such as clothing], without actual intercourse, even if blood spreads all over.� [Ibn Abidin on Haskafi on Tumurtashi,Radd al-Muthar `ala al-Durr al-Muhtar Sharh Tanwir al-Absar, 1.194, Bulaq ed.]
And Allah alone gives success.








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