READ DISCLAIMER BEFORE PROCEEDING
SEXUAL RELATIONS DURING MENSTRUATION (HAYD)
AND POSTNATAL BLEEDING (NIFAS)
1)
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 not approach 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)
Sayyiduna Anas (r) relates:
"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
(s) asked the Messenger of Allah (s) [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 (s) said, "Do everything except for sex."
(Sahih Muslim 302)
Sayyiduna Abu Hurayra (r)
relates from the Messenger of Allah (sa) that he said:
"The one who has sex 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
(sa)"
(Sunan al-Tirmidhi 135)
The "kufr'' mentioned
in this hadith is to indicate the severity (taghliz) 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'an and Sunna.
Our scholars state that a Muslim who considers having actual vaginal sex with a
menstruating woman as lawful has become a disbeliever (kafir) and an
apostate (murtad). Someone who indulges in this without considering it
to be lawful, and does it forgetfully (nisyan), 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'i (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 (r) relates from the Messenger of Allah (s) regarding a man who has sex with his wife while she
is menstruating that:
"He should give a half dinar
in charity." (Sunan al-Tirmidh'i 136)
The majority of the classical
scholars, including Imam Abu Hanifa, Imam Malik and Imam Shafi'i (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
Sharah Sahih Muslim P: 366-367)
2)
All the Sunni Schools of Islamic law (madhhabs) are
in agreement that it is permitted for the husband to derive sexual pleasure
from his wife through direct skin-to-skin contact of the area above her navel
and below her knees. As such, kissing, hugging, embracing is all permitted. The
husband may touch any area of the wife's body from above the navel and below
the knees with his hands, his penis or any other part of his body. It is also permitted for the wife to masturbate her
husband, since the husband is not touching any area that is in between her
navel and knees. Shaykh Abu Hamid al-Isfira'in'i and many others relate a complete
scholarly consensus on this. (Al Minhaj Sharh Sahih Muslim P: 367)
Sayyida 'A'isha (r) relates:
''When anyone amongst us [i.e.
the wives of the Messenger of Allah (s)] menstruated, the Messenger of
Allah (s) would order her to wear an "izar
[i.e. covering between the navel and knee], and then approach her."
(Sahih
Muslim 293)
Imam ibn Hakim (S) relates from his paternal uncle that:
"He asked the Messenger of
Allah ... ''What is permitted for me to do with my wife when she is
menstruating?" He said, ''Whatever is above the covering (Izar)."
(Sunan
Abi Dawud 214)
It is stated in the Hanafi Fiqh reference work Al-Fatawa
al-Hindiyya, "It is permitted to kiss one's menstruating wife, sleep
with her and enjoy her entire body, except for that which is in between the
navel and knees according to Imam Abu Han'ifa and Imam Abu
Yusuf..." (AlFatawa al-Hindiyya 1 :39)
Imam Ibn 'Abidin states in his Radd
al-Muhtar, "It is permitted to enjoy the navel and everything above it, and the
knee and everything below it, even without a barrier." (Radd al-Muhtar
'ala 'l-Durr al-Mukhtar 1:292)
3)
As for the area between the navel and knees, the majority of the scholars,
including Imam Abu Han'ifa, Imam Malik and Imam Shafi'i, hold that direct
skin-to-skin contact of that area is not permitted, irrespective of the
presence or absence of sexual desire (shahwa). However, indirect
contact, such as stimulation through a barrier [like clothing] is permissible. Therefore,
it is permitted for the husband to rub his private parts against his wife's
private parts if there is some sort of clothing in between that prevents the
transfer of body-heat. This position is based on the hadith's in which there is
mention of wearing the covering (izar) .
Imam Ibn 'Abidin , of the Hanafi
School, states, "It is also permitted to enjoy that which is in between
the navel and knees but with a barrier [such as clothing], without actual sex,
even if blood spreads all over." (Radd al-Muhtar 'ala 'l-Durr
al-Mukhtar 1 : 292)
However, Imam Ahmad ibn Hanbal,
Imam Muhammad ibn al-Hasan, Imam Nawaw'i and some other scholars hold that it
is permitted for the husband to touch the area between the navel and knees of
his wife's body, even without a barrier, as long as the actual vagina and anus
are avoided. They base their position on the statement of the Messenger of
Allah (s) where he said, "Do everything except for sex." (For
further details on the various positions of the Imams, see: Fath al-Bari 1:525
& Al-Minhaj Sharh Sahih Muslim P: 367)
4)
Finally, according to Imam Shafi'i, Imam Malik, Imam Ahmad and the
majority of early (salaf) and late (khalaf) scholars, the
restriction on sexual relations remains even after menstruation ends until the wife
takes the obligatory ritual bath (ghusl) or, in the absence of water, a
dry ablution (tayammum). (Al-Minhaj P: 367)
According to the Hanafi School,
however, there is some detail regarding this. If menstruation ends after the
ten-day maximum duration, then sex is permitted, even without a ritual bath,
though having a bath is recommended. When menstruation ends before the ten-day
maximum duration, and it is after the completion of her normal menstrual habit ('ada),
then sex is permitted only after having a bath or the passing of one whole
prayer-time. If it ends before the completion of her normal menstrual habit, it
remains prohibited and sinful to have sex, even after she bathes, until she
completes her normal habit. (See: Radd al-Muhtar 1:294 and lmdad
al-Fattah Sharh Nur al-Idah P: 141-142)
It should be noted that the
rules pertaining to menstruation also apply to postnatal bleeding (nifas). As
far as abnormal uterine bleeding (istihada) is concerned, there are no
sexual restrictions and it is permitted for the couple to have sex in this
period even if blood spreads all over, though the wife should wash and remove
traces of blood before sexual relations. (Radd al-Muhtar 1:294)
To Be Continued....
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