Abu Dawud

264. Commentary:
➊ Imam Abu Dawud rahimahullah intends to say that the narration with the wording «أو» is the authentic narration, and in it, there is an option given to give either one dinar or half a dinar. In contrast, other narrations which contain some detail or mention only half a dinar are not of the same standing as this hadith. It should be noted that, according to our current standard, a dinar was slightly more than four and a quarter grams of gold.
➋ In these specific days, sexual intercourse is prohibited; if it occurs, charity should be given. The principle is that «إِنَّ الحَسَنـٰتِ يُذهِبنَ السَّيِّـٔاتِ» "Good deeds erase bad deeds." [هود : 214]

Expiation for Intercourse During Menstruation

➊ It is narrated from Ibn Abbas radi Allahu anhu that the Messenger of Allah sallallahu alayhi wa sallam said regarding a person who has intercourse with his wife during her menstruation «يتصدق بدينار أو بنصف دينار»: “He should give a dinar or half a dinar in charity.”

[صحيح: صحيح أبو داود 237، كتاب الطهارة: باب إتيان الحائض، أبو داود 264، أحمد 229/1، دارمي 254/1]

➋ Ibn Abbas radi Allahu anhu states that if intercourse takes place at the beginning of the menstrual period, then a dinar, and if intercourse takes place at the cessation of bleeding, then half a dinar (should be given in charity).

[صحيح موقوف: صحيح أبوداود 238، كتاب الطهارة: باب إتيان الحائض، أبوداود 265]

➌ In another narration, Ibn Abbas radi Allahu anhu says: “If (at the time of intercourse) red blood is flowing, then a dinar, and if it is yellow, then half a dinar (should be given in charity).”

[صحيح موقوف: صحيح ترمذى 118، كتاب الطهارة: باب ما جاء فى الكفارة فى إتيان الحائض، ترمذي 137]

From these ahadith, it is understood that it is obligatory for a person who has intercourse with a menstruating woman to pay expiation.

Ibn Abbas radi Allahu anhu, Imam Hasan al-Basri, Sa’id ibn Jubayr, Imam Qatada, Imam Awza’i, Imam Ishaq, Imam Ahmad (in another narration), and according to the old opinion of Imam Shafi’i rahimahumullah ajma’in, this is the preferred position. However, they have differed regarding the nature of the expiation.

(Hasan al-Basri rahimahullah, Sa’id ibn Jubayr rahimahullah) Such a person should free a slave.

(The majority) He should give a dinar or half a dinar in charity.

(Malik rahimahullah, Abu Hanifah rahimahullah) There is no expiation upon him; rather, only repentance and seeking forgiveness are obligatory. According to them, the ahadith regarding expiation are inconsistent and not suitable as proof. This is also the view transmitted from Ata ibn Abi Rabah, Imam al-Sha’bi, Imam Mak’hul, Imam Abu’l-Zinad, Imam Rabi’ah, Imam Hammad ibn Abi Sulayman, Imam Ibn al-Mubarak, Imam Ayyub al-Sakhtiyani, Imam Sufyan al-Thawri, Imam Layth ibn Sa’d, the more correct narration from Imam Shafi’i, and one narration from Imam Ahmad rahimahumullah ajma’in.

[نيل الأوطار 408/1، تحفة الأحوذى 444/1، معالم السنن 83/1-84، المغنى 416/1-417]

(Shawkani rahimahullah) Regarding the narration from Ibn Abbas radi Allahu anhuma about “a dinar or half a dinar in charity,” he writes: “Indeed, you are already aware that the first narration is valid as proof, therefore it is necessary to refer to it.” (That is, he also holds the view that expiation is to give a dinar or half a dinar in charity.) [نيل الأوطار 408/1]

(Nawawi rahimahullah) If a Muslim holds the belief that intercourse with a menstruating woman is lawful, he becomes a disbeliever and apostate. If, however, he does not hold such a belief and does so out of forgetfulness or due to ignorance of the prohibition or of the menstruation, then there is no sin or expiation upon him. But if a person does so deliberately, knowing of the menstruation and its prohibition, then he has committed a major sin, and it is obligatory for such a person to repent from this sin. [فقه السنة 77/1]

(Sayyid Sabiq rahimahullah) There is no expiation upon such a person. [أيضا]

(Shaykh Uthaymin rahimahullah) Along with repentance, he should pay as expiation a dinar or half a dinar, whichever he chooses. [فتاوى المرأة المسلمة 280/1]

(Shaykh Abdur Rahman ibn Nasir al-Sa’di rahimahullah) He should pay as expiation a dinar or half a dinar, as is mentioned in the hadith of Ibn Abbas radi Allahu anhu. [فتاوى المرأة المسلمة 9/1]

(Preferred Opinion) Certainly, repentance after committing a major sin is essential, but in this case, the form of repentance is that, along with seeking forgiveness, he should give in charity a dinar or half a dinar, whichever he prefers, as this is all that is established from the Prophet sallallahu alayhi wa sallam. However, in interpreting the charity of a dinar or half a dinar, it is best and preferable to consider the mawquf narrations from Ibn Abbas radi Allahu anhuma.

. . . For the original article, see . . .
Fiqh al-Hadith by Imran Ayyub Lahori, Volume 1, p. 281

Commentary:
Note:
(This narration is weak due to this wording. In the chain, Sharik bin Abdullah al-Qadi is weak, and Khasif bin Abdur Rahman al-Jazari is also a narrator of poor memory and afflicted by confusion. However, the hadith with the wording ...dinar or half a dinar is authentic. See: Taaraju’ al-Albani 334, Sahih Sunan Abi Dawood 256, Da’if Abi Dawood 42.)

Commentary:
Note:
(In the chain of narration, Abdul Karim bin Abi al-Mukhariq is weak.
This detailed marfu‘ narration is weak,
but the mawquf narration, that is, the statement from Ibn Abbas, is authentic.
See: Sahih Abi Dawud, no. 258)

290. Commentary:
➊ Intercourse during menstruation (hayd) can lead to several harms because when a man becomes contaminated with impure blood, he will not remain protected from harmful germs. Therefore, intercourse in this state has been prohibited. If someone violates this, a financial penalty has also been imposed, because in your (the Prophet’s sallallahu alayhi wa sallam) era, people were poor. Bearing a financial penalty was difficult for them, so this method was considered effective for prevention.
➋ “A dinar or half a dinar.” Regarding this, Abdullah ibn Abbas radi Allahu anhuma has explicitly stated that a dinar is for when intercourse takes place at the beginning of menstruation, and half a dinar is for when intercourse takes place in the last days of menstruation. See: [سنن أبى داود، الطهارة، حديث : 265]
It is possible that the blood in the initial days, due to being thicker, is more harmful, and in the last days, less so; therefore, a difference was made in the penalty.

370. Commentary: Benefit: See Hadith 290 and its benefits and issues.

266. Commentary:
Both of these narrations are weak; however, the hadith in Sunan Abi Dawud, hadith: [264], is authentic, in which the command is to give a dinar or half a dinar in charity, regardless of whether intercourse took place at the beginning, middle, or end of menstruation. However, the option mentioned in «(أو)» could be due to the financial ability of the one giving the expiation: a person of lesser means should give half a dinar, and a person of greater means should give a full dinar in charity. The weight of one dinar is approximately four and a half mashas of gold, which, according to the modern metric system, is 4 grams and 374 milligrams.

Commentary:
(1)
Whoever engages in intercourse during the days of menstruation (hayd) should pay expiation (kaffarah) so that this sin of his may be forgiven.

(2)
A dinar was a gold coin that was current in Arabia during the time of the Messenger of Allah (sallallahu alayhi wa sallam). Its weight was four and a half mashas (374 milligrams), so if someone commits this act, he should give in charity an amount equivalent to the value of approximately four and a half grams of pure gold. This charity should be given to a poor, needy, and deserving individual.

(3)
Shaykh Ahmad Shakir has clarified in the margin of Jami‘ al-Tirmidhi that the mention of a dinar or half a dinar is not due to the narrator’s doubt, but rather it is an option given by the Prophet (sallallahu alayhi wa sallam) himself: whether one gives a full dinar in charity or half a dinar, the command will be fulfilled. From this, he has deduced that this charity is not obligatory, because if it were obligatory, it would not have been said that one may fulfill the entire obligation or just half of it.

(4)
Some of the Salaf have reconciled the ruling of a dinar and half a dinar in this way: if it is the beginning days of menstruation when the blood is red, then a full dinar should be given; if it is the last days when the blood is yellowish, then half a dinar should be given. Some scholars say that if one has the means, he should give a full dinar; if he is poor, then he should give half a dinar in charity.

Commentary:
For the details of this issue, see the benefits of Hadith: 640.

Lexical Explanation:
The meaning of «يَأْتِي امْرَأَتَهُ» is to have intercourse with one's wife.

Benefit:
As for the matter of giving a dinar or half a dinar in charity, one group has considered it permissible, while others, having established confusion and lack of authenticity in the hadith, have not prescribed any expiation. Then, among those who do accept the expiation, some have said that the mention of a dinar or half a dinar is due to the narrator's uncertainty. Others have interpreted it to mean that the intention here is to specify the situation: if intercourse takes place at the beginning of menstruation, then the person should give a dinar in charity, and if it is not at the beginning, then he should give half a dinar. Some have also said that a choice has been given here—whether he gives a dinar or half a dinar in charity.

In any case, the command here is not for obligation, but rather for recommendation and desirability. In light of the evidence, this opinion is preferable. However, sexual intercourse during the specific days (of menstruation) is prohibited; if it does occur, charity should be given. The principle is: «إِنَّ الْحَسَنَاتِ يُذْهِبْنَ السَّيِّئَاتِ» [هود 11 : 114] "Good deeds erase bad deeds."