Is Intercourse Before Ghusl After Menstruation Permissible?


Hanafi Fiqh

Answered by Shaykh Yusuf Weltch

Question

I had intercourse with my husband after my period ended but before performing the obligatory ghusl. What is the ruling on this in the Hanafi school, and is any kaffara required?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

Understanding the Ruling in the Hanafi School

If your period ended at the maximum amount of 10 days, then intercourse with your husband was permissible, even without your performing the ritual bath (ghusl).

If, however, your period ended at less than the ten-day mark, then two scenarios may apply.

First, if your period ended at or more than the number of days of your last valid period (this number is known as your ‘ada or habit), it is prohibited and sinful to have intercourse until the ritual bath (ghusl) is performed. There is no expiation as the period was finished. [Ibn ‘Abidin, Radd al-Muhtar]

Hypothetically, if your period was still ongoing, then an expiation of one Dinar (if intercourse occurred when the blood was strong) or half a Dinar (if intercourse occurred when the blood was a lighter color) is recommended for the husband only. [Ibid.]

Second, if your period ended at less than the number of days of your habit, it is necessary for you to delay intercourse until the number of days of your habit passes and you perform the ritual bath (ghusl). Again, no expiation is necessary as the bleeding has stopped.

Seeking Allah’s Forgiveness

If intercourse before performing the ritual bath (ghusl) occurred because you and your husband forgot that you have not performed the ritual bath (ghusl), then there is no sin. Allah does not take us to task for forgetfulness.

If you both were aware of the fact that you haven’t yet performed the ritual bath, then you both must turn to Allah in repentance.

Likewise, if intercourse before performing the ritual bath (ghusl) occurred due to ignorance of this above law, then you must repent to Allah Most High for neglecting to seek that which is personally obligatory of Sacred knowledge.

Allah’s Mercy

Allah Most High says,

“Say, (O Prophet, that Allah says,) ‘O My servants who have exceeded the limits against their souls! Do not lose hope in Allah’s mercy, for Allah certainly forgives all sins. He is indeed the All-Forgiving, Most Merciful.’” [Quran; 39:53]

Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch
Checked and Approved by Shaykh Abdul-Rahim Reasat

Shaykh Yusuf Weltch is a teacher of Arabic, Islamic law, and spirituality. After accepting Islam in 2008, he went on to study at Darul Uloom Seminary in New York and completed his studies at Darul Mustafa in Tarim, Yemen.

There, he completed the memorization of the Quran and his study of Islamic Sciences. Throughout his years of study, he was blessed to learn from many great scholars: Habib Umar bin Hafiz, Habib Kazhim al-Saqqaf, Shaykh ‘Umar bin Husayn al-Khatib, and others.

Upon returning, he joined the SeekersGuidance faculty in the summer of 2019.