By: Adebayo DhikruLlahi Laspalmas (Aboo Sahl Al-Atharee)
19-04-1440 A. H (Wednesday 26th of December 2018.
When Copulation with The Spouse Is Prohibited
Al-Imaam Al-Qurtubee said (Jaami' al-Ahkaam vol. 3 p.73) our teacher Shaykh Fakhru Al-Islaam Abū Bakr Muhammad bn Ahmad bn Husayn the jurist and the scholar of the time told us: 'Allaah The Sublimest prohibited contact with the female genital during her menstrual period, because of the temporary impurity (in it) and it is more appropriate to prohibit the anus because of the permanent impurity.'
The first occasion: Allaah The Sublime prohibits copulation via the female genital from any side in two conditions:
The First Condition: During Menstruation
Allaah The Sublimest says:
وَيَسْأَلُونَكَ عَنِ الْمَحِيضِ قُلْ هُوَ أَذًى فَاعْتَزِلُوا النِّسَاءَ فِي الْمَحِيضِ وَلَا تَقْرَبُوهُنَّ حَتَّىٰ يَطْهُرْنَ فَإِذَا تَطَهَّرْنَ فَأْتُوهُنَّ مِنْ حَيْثُ أَمَرَكُمُ اللَّهُ إِنَّ اللَّهَ يُحِبُّ التَّوَّابِينَ وَيُحِبُّ الْمُتَطَهِّرِينَ
They ask you concerning menstruation. Say: that is an Adha (a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them till they have purified (from menses and have taken a bath). And when they have purified themselves, then go in unto them as Allah has ordained for you (go in unto them in any manner as long as it is in their vagina). Truly, Allah loves those who turn unto Him in repentance and loves those who purify themselves (by taking a bath and cleaning and washing thoroughly their private parts, bodies, for their prayers, etc.) {al-Baqarah:222}
Permissibility of Caressing During Menstruation
The Messenger of Allaah - sallallaahu alahyi wa sallam - said:
اصْنَعُوا كُلَّ شَىْءٍ إِلاَّ النِّكَاحَ
Do everything except the intercourse(Saheeh al-Muslim #714)
Maimuna reported:
كَانَ رَسُولُ اللَّهِ صلى الله عليه وسلم يُبَاشِرُ نِسَاءَهُ فَوْقَ الإِزَارِ وَهُنَّ حُيَّضٌ .
The Messenger of Allaah - sallallaahu alahyi wa sallam - played with his wives over the waist-wrapper when they were menstruating. (Saheeh al-Muslim #701)
The commentator on Awn al-Ma'bood said: Do any kinds of enjoyment like caressing what is above the navel and below the knees... (Al-Awn Al-Ma'bood vol. 1 p.338).
The Second Condition: Post-Natal Bleeding
Ash-Shaykh Dr. Abdul-'Azeem Al-Badawee(al-Wajeez p.74) said: 'It is prohibited for the menstruating woman and the woman that is experiencing post natal blood to fast and and be copulated with through her genital.' (End Quote).
The Ruling of Who Copulates with Menstruating Woman
Al-Imām an-Nawawee (Sharh Muslim vol. 3 p. 204)said: If a believer believes that it is allowed to copulate with the menstruating woman in her vagina, he becomes a disbeliever, but if he doesn't perceive it as allowed, if it skips his mind or doesn't know that she is menstruanting or ignorant about its detestation or prohibition. He has no sin, likewise no atonement.
If he intentionally copulates with her, he has committed a great sin. Al-Imaam said it is a great sin and it is an obligation to seek forgiveness upon it.
I (Dr. al-Badawee) say: The preponderant ruling is that atonement is an obligation, because of the authentic narration of Ibn Abbaas from the Prophet (sallaLlaahu alayhi wa sallam) regarding he who copulates his wife while menstruating, he said: He will give an alm with a dinar or half of dinaar. (Saheeh an-Nasaaee, Sunan Abee Daawood and Saheeh ibn Majah).(End quote).
The Second Condition: Copulaton Via Her Anus
The Messenger of Allāh - sallallaahu alahyi wa sallam - said:
" لاَ يَنْظُرُ اللَّهُ إِلَى رَجُلٍ أَتَى رَجُلاً أَوِ امْرَأَةً فِي الدُّبُرِ
Allah will not look at a man who enters a man or a woman in the behind(Sunan at-Tirmidhee #1116 and he graded it authentic).
The Prophet - sallallaahu alahyi wa sallam - said:
'Whoever enters a woman in the anus is a lesser sodomite.' (Musnad Ahmad #6967 and Shaykh Ahmad Shaakir said, Al Mundhir graded it authentic in At-Targheeb).
Al-Imaam ibn Katheer mentioned (Tafseer Qur'aan Al Adheem vol. 1 p. 370): A man asked ibn 'Abbaas about entering a woman in the anus. He(Ibn 'Abbaas) said: You asked me about lesser kufru. (Ibn Katheer said, It has a good chain).
Aboo Dardaa said: Can anyone do this if not a (lesser) disbeliever? This was also reported from 'AbduLlaah bn Amr bn Al-Aas. (Ash-Shaykh Ahmad Shaakir said: It has a good chain, even if it is the saying of a companion, it has a ruling of the saying of the Prophet - sallallaahu alahyi wa sallam - , because he could not rule an action as (lesser) kufr except he had known it from the infallible and the conveyer of the message from His Lord. This kind of statement could not be uttered from intellect or analogical reason).
We beseech Allaah to save us from any kind of kufr and forgive our sins.
In the past series:
