PURIFICATION SECTION · 106 – THE RULING ON APPROACHING A MENSTRUATING WOMAN
264 – It is narrated from Ibn ʿAbbās (may Allah be pleased with him): Regarding one who approaches his wife during her menstruation, the Messenger of God (peace and blessings be upon him) said, “Let him give a dinar or half a dinar in charity.” Abū Dāwūd says: The authentic narration is as follows. In this narration, Ibn ʿAbbās said, “a dinar or half a dinar.” However, often (Shuʿba) did not attribute the narration regarding half a dinar to the Messenger of God (peace and blessings be upon him). [208]
265 – From Ibn ʿAbbās (may Allah be pleased with him): “If a man approaches his wife in the early days of her menstruation, he should give a dinar in charity; if he approaches her in the days when the blood is about to cease, he should give half a dinar in charity.” Abū Dāwūd said: Ibn Jurayj narrated from ʿAbd al-Karīm, who narrated from Muksim, in the same manner. [209]
266 – From Ibn ʿAbbās (may Allah be pleased with him): The Messenger of God (peace and blessings be upon him) said, “If a man has intercourse with his wife while she is menstruating, let him give half a dinar in charity.” Abū Dāwūd said: ʿAlī ibn Bazīmah narrated from Muksim, who narrated from the Messenger of God (peace and blessings be upon him) in a mursal (disconnected) manner. Al-Awzāʿī narrated from Yazīd ibn Abī Mālik, who narrated from ʿAbd al-Ḥumayd ibn ʿAbd al-Raḥmān, who narrated from the Messenger of God (peace and blessings be upon him): “I command him to give two-fifths of a dinar in charity.”
EXPLANATION
There is a difference of opinion among scholars regarding whether expiation (kaffāra) is required for one who has intercourse with his wife while she is menstruating. Al-Awzāʿī, Aḥmad ibn Ḥanbal, Isḥāq ibn Rāhūyah, and Imām al-Shāfiʿī in his initial fatwās also said that expiation is required. Later, Imām al-Shāfiʿī, in his fatwās in Egypt, stated that expiation is not required, but repentance (tawba) and seeking forgiveness (istighfār) are necessary. According to Aḥmad ibn Ḥanbal, one has a choice between giving a dinar or half a dinar in charity. Ibn ʿAbbās says: If intercourse took place in the early days of menstruation, a dinar is required as expiation; if in the last days, half a dinar is required. According to the Ḥanafīs, repentance and seeking forgiveness are sufficient, but giving a dinar or half a dinar in charity is recommended. (Maʿālim, vol. 1, p. 173)